- (1.) THE prisoner -Raju, who is undergoing life term sentence at Central Jail, Kota has preferred this application seeking seven days regular parole.
(2.) A reply to the application has been filed on behalf of the Respondents stating therein that though the prisoner has undergone sentence for a term of 21 years 05 months 26 days including remission upto 20.4.2011, but he is not entitled for 07 days parole in view of Sub -rule (3) of Rule 18 of the Rajasthan Prisoner Release on Parole Rules, 1958 (for short 'the Rules of 1958' hereinafter). Sub -rule (3) of the Rules of 1958 provides that if the prisoner overstays or commits any breach of term of the parole more than once, he shall be permanently debarred from the concession of release on parole. On examination of entire record available with the learned Public Prosecutor, we found that the prisoner has undergone 17 years 05 months 11 days actual imprisonment, thus, he is entitled to be considered for shortening of sentence as per the Rajasthan Prisons (Shortening of Sentences) Rules, 2006 (for short 'the Rules of 2006' hereinafter). The eligibility for consideration under the Rules of 2006 is prescribed under Rule 8, which reads as follows: Rule 8. Prisoners' eligibility for consideration by the Advisory Board. - (1) - The Advisory Board may consider the cases of the following type of prisoners only: (i)a prisoner undergoing a substantive sentence of five years or over, and who has completed two thirds of imprisonment, including remission; (ii) a prisoner sentenced to imprisonment for life or for more than 14 years, and who has served 2/3rd of his sentence excluding remission or 13 years 4 months of imprisonment including remission, whichever is less. The period of imprisonment shall include sentence in default of payment of fine, if the same has not been paid; (iii)Prisoners awarded sentences by Court -Martial who have served two third of their sentences including the period of remissions; (iv)Prisoners suffering from fatal diseases like cancer, AIDS, or infectious diseases, such as leprosy; provided their disease is likely to be dangerous to other prisoners and conditions prescribed in Rule 7 are fulfilled; (v)Prisoners who are completely blind or handicapped and are wholly depend on others for their daily routine work; (vi)Prisoners who have attained the age of 70 years in case of male prisoners and 65 years in case of workmen prisoners and who have completed at least one third of their sentence, and in whose case no public interest is likely to be served by keeping them in prison, provided they are serving sentence for their first and only conviction. (2) Notwithstanding anything in Sub -rule (1) (i) a prisoner who has been sentenced to imprisonment for life for an offence for which death penalty is one of the punishment provided by law or who has been sentenced to death but this sentence has been commuted under Section 433 of Code of Criminal Procedure, 1973, into one of imprisonment for life, shall be considered only after he has served 14 years of actual imprisonment excluding remission but including the period of detention spent, during enquiry, investigation or trial, on the condition that such a prisoner shall also have to earn a minimum of 4 years of remission in order to be eligible for consideration; (ii)prisoners sentenced to imprisonment for life under Sections 304 -B, 376, 396, 467 and 489 -D of the Indian Penal Code may be considered for premature release only after completion of 14 years of actual imprisonment (with the period undergone during trial), on the condition that such a prisoner shall also have to earn a minimum of 4 years of remission in order to be eligible to consideration. Explanation. For the purpose of this rule, remission shall mean only that part of the remission which is actually earned by a prisoner in accordance with the provisions of the Jail Manual but shall not include any special remission that may be awarded to prisoners in general to mark the occasion of some events like Independence Day, Republic Day, Centenary Celebrations of National Leaders, visit of some dignitary to Jail, etc.
(3.) THE ineligibilities for consideration as per Rules of 2006 are prescribed under Rule 9. The prisoner, admittedly, does not suffer from any ineligibility prescribed under the rule aforesaid.;