PUKHRAJ Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-10-50
HIGH COURT OF RAJASTHAN
Decided on October 31,2013

PUKHRAJ Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

V.K.MATHUR,DINESH MAHESHWARI, JJ. - (1.) IN this letter petition, registered on a letter dated
(2.) 08.2013 received from the convict -prisoner Pukhraj son of Lala Ram, after issuance of notices and filing of reply, on 21.10.2013, a co -ordinate Bench noticed the fact that as per the reply, the convict -prisoner had actually served the sentence for a period of 14 years 01 month and 21 days as on 31.07.2013 and had become entitled to be considered for grant of permanent parole. Hence, the respondents were directed to consider the case of the convict -prisoner for grant of permanent parole as per the Rajasthan Prisoners Release on Parole Rules, 1958. 2. The learned Government Counsel today clarifies that it had been a typographical error and mistake wherefor, in the reply as filed, the under -trial period of the prisoner concerned came to be mentioned as "1 year 11 months and 13 days" though, in fact, such period had been of "11 months and 13 days" only. The learned Government Counsel has placed before us today the instructions received from the Superintendent, Central Jail, Jodhpur clarifying that on the correct calculation, the prisoner concerned had actually served only for a period of 13 years 01 month and 21 days as on 31.07.2013. Obviously, in the given fact situation, entitlement of the prisoner concerned for consideration of his case for grant of permanent parole has not ripened yet. So far the prayer for release on regular parole is concerned, it appears that the prisoner concerned has repeatedly sent the communications to this Court in that regard. On his communication dated 28.06.2013, Parole Petition No. 8361/2013 came to be registered; and on his communication dated 15.07.2013, Parole Petition No. 9149/2013 came to be registered. It is noticed that the prisoner concerned was, otherwise, ordered to be released on 40 days' parole upon his furnishing two sureties in the sum of Rs.20,000/ - with a personal bond in the like amount in the meeting of the District Parole Committee dated 02.07.2013.
(3.) PAROLE Petition No. 9149/2013 was decided by a co - ordinate Bench on 25.07.2013, modifying the order passed by the District Parole Committee and the petitioner -prisoner was ordered to be released upon his furnishing personal bond along with one surety. Then, Parole Petition No. 8361/2013 came to be decided by another co -ordinate Bench on 01.08.2013, now directing his release upon furnishing personal bond in the sum of Rs. 30,000/ - alongwith one surety in the like amount.;


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