ANIL THAKUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner was convicted by the Additional Sessions Judge, No. 2, Kota, in Sessions case No. 52/1996 on 12.2.1999 for the offences under Sections 302, 325, 324, 323, 148 read with Section 149 of IPC.

(3.) LEARNED Counsel has also placed reliance on the order passed by the Division Bench of this Court dated 4th July 2000 in the matter of Rajendra Kumar v. State of Rajasthan wherein this Court observed that the convict who is undergoing sentence of imprisonment of life, his prayer for parole cannot be rejected only on the ground that there is an adverse police report against him. The respondent had failed to satisfy any substantial reason for not releasing the applicant on parole. Simply ipse dixit reason in police report cannot be ground for rejection of prayer of parole. However, requirement of the rules is that prisoner can seek release if he is of good behaviour and nothing is reported adverse to his record. As per the requirement of the rules, he is entitled to be released on parole provided he fulfils the requirement of Rule 9 of the Rules, 1958. Rule 10A of Rules 1958 which stipulates emergent circumstances for release on parole, the same is not presently attracted to the present case. Since the present case can independently be considered as per Rule 9 of the Rules, 1958. As per Annexure 1 which is an order dated 6th May, 2000 passed by the District Parole Advisory Committee, Kota, release of the petitioner on parole has already been recommended by the Superintendent of Jail and also by the Social Welfare Board Kota.