KANTA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-3-109
HIGH COURT OF RAJASTHAN
Decided on March 11,2014

KANTA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) THE District Parole Advisory Committee, Sriganganagar in its meeting dated 23.12.2013 considered case of convict -prisoner Brij Lal for grant of 20 days' first regular parole as per the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, 'the Rules of 1958'). The committee relying upon the adverse remarks made by the Superintendent of Police, Sriganganagar denied the parole. Hence, this petition for writ is preferred by Mrs. Kanta, wife of convict -prisoner Brij Lal.
(2.) AS per the averments contained in the petition, the Assistant Director, Department of Social Justice and Empowerment, Sriganganagar are recommended for grant of parole, but the Superintendent of Police, Sriganganagar made adverse remarks merely looking to the fact that the conviction of convict -prisoner Brij Lal was made for committing murder of three persons. As per learned counsel for the petitioner, gravity of the offence for which a prisoner is undergoing sentence is not of much relevance for grant of parole. It is also pointed out that an emergent parole was earlier availed by the convict - prisoner and during the period of that parole, conduct of the convict -prisoner was satisfactory.
(3.) THIS court by the order dated 18.02.2014 directed learned Government Advocate to make available the remarks made by the Superintendent of Police, Sriganganagar and the Assistant Director, Department of Social Justice and Empowerment, Sriganganagar. Learned Government Advocate has made the same available for perusal of this court. The Assistant Director, Department of Social Justice and Empowerment, made a remark that there is no harm in granting regular parole to convict -prisoner Brij Lal. The Superintendent of Police, Sriganganagar, however, noticed that the convict -prisoner committed murder of three persons and caused injuries to two other persons, therefore, his release on parole shall adversely affect the peace and tranquility of the area.;


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