- (1.) BY this petition for writ, a direction is sought by petitioner Mrs. Ima Devi for grant of permanent parole to her husband Mr. Govind Ram, who is serving life term imprisonment being convicted and sentenced under the judgment and order dated 30.09.2002 passed by learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities Cases) Court, Bikaner. The State Level Parole Committee rejected the claim made by convict-prisoner Mr. Govind Ram for permanent parole on the count that in view of the judgment and order dated 30.09.2002, he is not entitled to get the period of detention undergone during the course of trial set off.
(2.) SUFFICE to mention here that the trial court while awarding life term sentence to the convict-prisoner Govind Ram ordered that he shall not be entitled to get set off of the period of detention. It is submitted by learned counsel for the petitioner that the Hon'ble Supreme Court in Bhagirath Vs. Delhi Administration [AIR 1985 SC 1050] held that usually those who are liable to be sentenced to imprisonment for life are not enlarged on bail, thus, to deny the benefit of Section 428 to them amounts to withdraw the application of a benevolent provision from a large majority of cases in which such benefit would be needed and justified.
(3.) LEARNED counsel has also placed reliance upon the Division Bench judgment of this court in Chittar Lal Vs. State of Rajasthan [2010 (2) Cr.L.R. (Raj.) 1575] , wherein too by placing reliance upon the judgment of the Hon'ble Apex Court in the case of Bhagirath (supra), a direction was given to extend the benefit of set off the period of detention undergone during the course of investigation, enquiry or trial to compute the actual term of imprisonment for the Life term convicts also.;