HARKESH 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 11.01.2021 issued pursuant to the meeting of Permanent Parole Committee dated 04.12.2020 whereby the petitioner has been denied permanent parole on the ground of non availing of three regular paroles, be quashed.

(2.) It has been submitted in the petition that the learned Additional Sessions Judge, Bandikui, Dsitrict Dausa vide its judgment dated 18.12.2015 convicted the petitioner for the offence under Sections 302/34 and 342 of IPC and sentenced to maximum life imprisonment. The petitioner filed DB Criminal Appeal No.174/2016 which was partly allowed by this Court and the sentence was reduced to 10 years.

(3.) It has further been submitted that the petitioner had served 8 years 6 months and 26 days of imprisonment upto 25.01.2021 out of the total sentence of 10 years. He was released on two paroles of 20 and 30 days respectively by the Parole Committee. In this way, he has served a substantive part of his sentence. He never misused the liberty of parole and on completion of the parole period, he surrendered before the concerned authority on due date. During incarceration, the conduct of the petitioner has remained absolutely good and he is continuously getting remission in jail on the basis of his good conduct and behavior. Thus, he is entitled to be released on permanent parole.