- (1.) BY this letter petition for parole filed on 30.04.2012, the petitioner-prisoner- Kanhaiya Lal @ Kana s/o Bhudar, by caste- Katunda, PS Parsoli, district- Chittorgarh, presently confined in Central Jail, Udaipur is claiming for permanent parole as per provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (herein after 'the Rules of 1958'). As per averments contained in letter petition filed by the convict-prisoner, the petitioner has been behind the bars for over seven years and therefore, he is entitled to be considered for grant of permanent parole as per the Rules of 1958.
(2.) A reply to the petition has been filed on behalf of respondents, stating therein that the petitioner was convicted for offence under sec.376 (2)(g) IPC and sentenced to 10 years' imprisonment and till 30.04.2012, he has served sentence of 07 years 09 months 25 days including jail remission. It is also stated that the convict-prisoner has earlier filed Writ Petition No.1179/2011 for this purpose, which was decided vide order dated 23.03.2011, directing the authorities to consider application of the convict-petitioner for permanent parole in accordance with law. In compliance of the directions of this Court, the matter of the petitioner was considered by the State Parole Committee on 12.12.2011, wherein it was found that convict-petitioner has availed third parole of 40 days and period of 11 months has not elapsed from the date of his surrender after availing third parole and hence, in view of rule 10 of the Rules of 1958, his matter can not be considered for subsequent release. The State Parole Committee also noticed the adverse report by the District Magistrate, Chittorgarh and Superintendent of Police, Chittorgarh. The State Government conceded with the recommendation of the State Level Parole Committee and declined permanent parole to the convict- prisoner vide intimation dated 30.12.2011. It is submitted on behalf of petitioner-prisoner that now period of eleven months has elapsed and the petitioner is entitled for release on permanent parole. Having considered the submissions made by the learned counsel and in the facts and circumstances on record, in view of the fact that period of eleven months from the date of surrender from previous release, as stipulated by the Rules of 1958, has elapsed, I deem it proper to dispose of this petition with direction to the respondent authorities to now consider the application/ prayer of the petitioner-prisoner for releasing him on permanent parole, in accordance with the Rules of 1958. Ordered accordingly.;