SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two letters addressed to Hon'ble Chief Justice of this Court by 12 prisoners lodged at Central Jail, Udaipur are treated as this one petition for writ. All the 12 prisoners are undergoing life term imprisonment at Central Jail, Udaipur and being eligible they applied for grant of permanent parole as per the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as "the Rules of 1958"). The necessary details relating to each of the Petitioners are as under:

(2.) While exercising powers under Sub-section (6) of Section 401 Code of Criminal Procedure the Government of Rajasthan framed the Rules of 1958 and as per Rule 9 of the Rules "A prisoner, who has completed with remission, if any, [one-fourth. of his sentence and subject to good conduct in the Jail, may be released on 1st parole for 20 days including days of journey to home and back, and for 30 days on 2nd parole provided his behavior has been good during the 1st parole and for 40 days on third parole provided his behavior has been good during the second parole. If during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the State Committee for permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned; the chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In cases the permanent release on parole is rejected the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining period of his sentence. Provided the cases of prisoners who have been sentenced to imprisonment for life, for an offence for which death penalty is one of the punishments provided by law or who have been sentenced to death but this sentence has been commuted under Section 433 of Code of Criminal Procedure into one of life imprisonment shall not be placed before the State Committee for permanent release on parole unless he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial. Such prisoners may be released on parole for 40 days every year for the remaining period of their sentence subject to the conditions stated above".

(3.) As per Rule 9 of the Rules of 1958, a prisoner whose conduct is well and if he is not likely to relapse into crime, his case may be recommended to the Government through State committee for permanent release on parole. The consideration for permanent parole, can be made only after serving 14 years of imprisonment excluding remission but including the period of detention passed during inquiry, investigation or trial.