- (1.) PRELIMINARY This Larger Bench has been constituted under the orders of Hon'ble the Chief Justice for resolution of apparently divergent, and rather conflicting, views expressed by different Division Benches of this Court on the issue of the right of an accused/prisoner/convict to be released on parole by the State Government under the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 during the pendency of an appeal filed by him/her against conviction. The question referred for resolution and adjudication is as under: - "Whether the right of an accused/prisoner/convict to be released on parole can be considered by the State Government under the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 during the pendency of any appeal filed by him/her against his/her conviction."
(2.) RELEVANT BACKGROUND ASPECTS The matter wherefrom this Larger Bench Reference has been made, is a Letter Petition sent by the convict-prisoner Ramesh Kumar S/o Dashrath Kumar Khatri from Central Jail, Bikaner stating the grievance that his case for grant of permanent parole was not being considered despite being eligible therefor. A notice to show cause was issued in the matter on 22.08.2012. The respondents have stated in their reply, inter alia, the facts that the prisoner concerned was convicted by the judgment and order dated 31.01.2002 passed by the Additional Sessions Judge, Barmer in Sessions Case No.28/1998 for the offences under Sections 302,364 and 120B IPC; and was awarded varying sentences, including life imprisonment for the offence under Section 302 IPC.
(3.) The respondents have further pointed out that against the judgment and order aforesaid, the prisoner filed an appeal, being D.B. Cr. Jail Appeal No.154/2002 that was dismissed by this Court by the judgment dated 02.03.2006. However, a Petition for Special Leave to Appeal against the said judgment is pending consideration before the Hon'ble Supreme Court.;