JUDGEMENT
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(1.) A letter has been received from Mohan,
a convicted prisoner of Central Jail, Udaipur. The said letter
has been treated as a Letter Petition by this Court. Vide
order dated 23.01.2012, this Court had appointed Mr. Arpit
Bhoot as Amicus Curiae.
(2.) Mr. Arpit Bhoot has submitted that vide judgment
dated 06.02.2009 passed by Addl. Sessions Judge (Fast
Track) No.1, Udaipur, the petitioner was convicted for
offence under Section 376 (2)(f) IPC and was sentenced to
ten years of rigorous imprisonment. Out of his sentence of
ten years, the petitioner has already completed a total of
three years, eight months, and ten days. Although the
petitioner was eligible for being released on his first parole
of twenty days under the Rajasthan Prisoners (Release on
Parole) Rules, 1958 ('the Rules', for short) his case has
been rejected ostensibly on the ground that the reports of
the Superintendent of Police, and the Superintendent,
Central Jail, Udaipur, are against him. According to the
learned counsel, such reports should not be accepted
mechanically by the Parole Committee. In order to buttress
this contention, the learned counsel has relied upon the
case of Paras Ram & Anr. Vs. State of Rajasthan, 2000 1 WLC(Raj) 129.
(3.) Thrice, this Court had asked the Public Prosecutor
to produce a detailed report from the Superintendent,
Central Jail, Udaipur. However, so far the report has not
been produced before this Court.;
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