- (1.) THE petitioner-prisoner Deepak Soni s/o Sukh Nandan Soni, who is serving sentence of 07 years' imprisonment at Central Jail, Bharatpur being convicted for offence under secs.394, 397 IPC read with sec.3/25 (1-B)(a) and 27 of the Arms; has filed this letter parole petition, inter alia, praying for premature release under Rajasthan Prisoners Shortening of Sentence Rules, 2006.
(2.) IN the reply to the petition filed on behalf of respondents, it is stated that the petitioner-prisoner was convicted by the learned Additional Sessions Judge (FT) No.1, Bhinmal for offence under secs.395, 397 IPC and secs.3/25 (1-B)(A), 27 of the Arms Act and sentenced to life-imprisonment with other substantive sentences under the Arms Act. However, upon appeal, learned appellate court modified his conviction to be under sec.394, 397 IPC instead of sec.395, 397 IPC and consequently, reduced the sentenced to 07 years' imprisonment instead of life imprisonment. As per reply, as on 20.05.2012, the petitioner- prisoner has served imprisonment of 05 years 01 months 13 days against his period of substantive sentence. Nonetheless, it is further stated that another criminal case (No.13/20070 is pending trial against the petitioner before learned Special Court (Robbery Influence Area), Bharatpur. It is further submitted that upon receipt of application by the petitioner for his premature release under the Rules of 2006, reports from the District Magistrate, Kausambi (UP), Superintendent of Police, Kausambi and the Prison Welfare Department, Kausambi (UP) have been called vide letter dated 03.05.2012 and as soon requisite reports are obtained, petitioner's matter for premature release under the Rules of 2006 shall be placed before the Advisory Board for consideration and decision in his matter. Having considered the averments made in the reply filed on behalf of respondents, in view of facts and circumstances of the case, I deem it proper to dispose of this petition with direction to the respondents to expedite and decide the matter for premature release of the petitioner-prisoner, preferably within six weeks, in accordance with law. Present petition stands disposed of accordingly.;