DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned public prosecutor.

(2.) The petitioner Devi Lal is seeking his first parole for 20 days under the provisions of Rules of 1958. The petitioner has served the sentence for 5 years 5 months 14 days including jail remission of 1 month 10 days. The petitioner was convicted vide judgment dated 10.7.2003 and has been sentenced to undergo life imprisonment. The petitioner was on bail while his criminal appeal being DB Criminal Appeal No.852/2003 before this Court since the year 2003 and remained on bail till he was arrested after dismissal of his appeal vide judgment dated 30.1.2009. Therefore, the petitioner remained in the society for about 6 years.

(3.) The petitioner's parole application has been rejected on the ground that in case, the petitioner will be released on parole, the rival party may create problems. The Social Welfare Department has also given report but it appears that the report has been given in a very cursory manner and ignoring the fact that the petitioner was leaving outside the jail for such a long period.