RAKESH SAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the order dated 30.7.2020 issued pursuant to the meeting of District Parole Advisory Committee dated 27.7.2020 whereby the petitioner has been denied first regular parole of 20 days on the ground of non receipt of report from District Magistrate, Patna, Bihar, be quashed and set-aside and the petitioner be released on first regular parole for 20 days.

(2.) Learned counsel for the petitioner submits that the petitioner was convicted by the trial court vide judgment dated 22.8.2017 and sentenced to undergo life imprisonment. The petitioner has served more than 7 years 7 months of sentence. He further submits that the petitioner has completed substantive part of his sentence, therefore, in view of Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958, he is entitled to be released on first parole of 20 days. He further submits that conduct and behaviour of the petitioner in Jail has been good and unblemished and there is no complaint against him. He further submits that the petitioner earlier filed D.B. Cr. Writ Petition (Parole) No. 332/2020 before this Court, which was decided vide order dated 4.6.2020 with a direction to the respondents that the application of the petitioner for first regular parole be disposed of within a period of 15 days from the date of receipt of the order. The petitioner submitted the application, but his application has been dismissed on the ground of non receipt of report from District Magistrate, Bihar.

(3.) Learned PP appearing for the State submits that although the conduct and behaviour and the petitioner in jail has been reported as good, but report from District Magistrate, Bihar has not been received, despite issuance of reminders in this regard, therefore, the application of the petitioner was rejected.