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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.