RAJENDRA @ SHUNTY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been registered on a letter received from the petitioner-convict for permanent parole. The petitioner was convicted for offences under Sections 120-B, 302/34 and 392/397 Penal Code and sentenced to varying terms including life imprisonment in Sessions Case No.130/1995 on 12.12.1997. The appeal preferred by the petitioner was dismissed by this Court on 18.05.2001.

(2.) The petitioner has submitted that he belongs to a very poor family, his brother is suffering from serious ailment, and he has one sister and no other family member. The petitioner has further submitted that he had availed the benefit of parole earlier extended to him and surrendered after parole period. It has been submitted that while availing the parole, the petitioner met with an accident as a result of which, he lost his eye sight and has gone totally blind. The petitioner has prayed for consideration of his case for grant of permanent parole with reference to his adverse conditions and further with reference to the fact that he has served about 16 years of sentence.

(3.) From the reply submissions it appears that as on 21.11.2010, the petitioner had already served about 15 years and 10 months of sentence including the jail remissions. It is submitted in the reply that the petitioner did not avail second general parole for 30 days when he did not furnish requisite bail bonds and sureties pursuant to the minutes dated 28.07.2009 (Annex.R/1). It is further submitted that his case was considered in the Parole Committee meeting dated 28.10.2010 but his conduct was not found satisfactory and permanent address was not verified and, therefore, his case was not recommended for grant of parole. The fact that the petitioner is totally blind is not in dispute. The learned Public Prosecutor has also placed on record the certificate received in that regard from the Government Hospital, Sriganganagar.