KANA RAM Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by prisoner against rejection of his application seeking 1st parole U/r 9 of Rajasthan Prisoners Release on parole Rules, 1958 (Rules, 1958) vide order dt.23/03/2010 on the basis of recommendations made by District Parole Committee (respondents) in its meeting held on 11/03/2010.

(2.) AS alleged, petitioner is serving imprisonment on being convicted and sentenced U/S 376, IPC to undergo Seven years' RI vide judgment dt.21/07/2008 passed by Addl. Sess. Judge (Fast Track) NO.1, Jaipur, in Sess. Case-63/2008 against which SB Cr Appeal No.751/08; and is under judicial custody for more than 2 years 1 month.

(3.) IT is also not case of respondents that petitioner is facing any other criminal offence /trial. There is no material placed on record by which it can be inferred that if parole is granted, petitioner would again involve in such kind of criminal offences or report of jail authority which may adversely show his antecedents and character while in prison, certainly his case is covered for consideration for release on 1st parole U/r 9 of Rules, 1958. In the opinion of this Court, the facts having been taken note of for refusal of 1st parole, in the circumstances of instant case are not legally sustainable.