SAVITRI DEVI Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This petition has been registered on the basis of letter written by wife of prisoner Shri Bhanwar lal addressed to Principal Seat at Jodhpur, which has now been transferred to this Court.

(2.) Shri A.S. Narang, learned counsel for the petitioner argued that case of Bhanwar Lal has become ripe for grant of third parole. He was granted first and second parole and that time there was no complaint about his conduct and that he surrendered on the appointed day. He did not misuse the liberty and wants to join the mainstream and, therefore, as per the policy of the Government, he should be given benefit of parole in accordance with Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958.

(3.) Learned counsel for petitioner submitted that the only basis on which parole application of the prisoner was declined by the Advisory Committee was that in 2001 when he was released on bail, he absconded, but in spite of this very reason assigned by the Parole Committee in refusing to grant second parole, this Court at Principle Seat at Jodhpur in D.B. Criminal Parole Writ Petition No. 1796/2010 vide order dated 5.3.2010 granted benefit of second parole to the prisoner concerned. Thus, he was twice granted the indulgence of parole. It is argued that except this, report of all other authorities including Social Welfare Department are in favour of grant of third parole to the prisoner.