NILAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This D.B. Criminal Writ Petition (Parole) has been filed with the following prayers:

(2.) The factual matrix of the case is that the petitioner was convicted and sentenced by the Court of Special Judge, SC/ST (PA) Cases, Jhalawar in Sessions Case No.38/2018 vide judgement dated 13.07.2020 for the offences under Sections 302, 302/34, 307, 307/34 of IPC, Section 3(2)(v) of SC/ST (PA) Act, 1989 and Section 3/25 of Arms Act and sentenced to undergo life imprisonment. The petitioner is undergoing sentence in Central Jail, Udaipur and has served more than six years of imprisonment without remission.

(3.) Vide order dated 25.5.2021, the District Magistrate, Jhalawar granted the petitioner emergent parole for a period of 15 days under Rule 10A of the Rajasthan Prisoners (Release on Parole) Rules, 1958 on account of his father suffering from Covid-19. Vide application dated 4.6.2021, the petitioner applied for extension of emergent parole before the Inspector General of Prisons, Rajasthan and District Magistrate, Jhalawar; but, with no response. The State Government vide Notification dated 10.4.2020 inserted Rule 10B in the Rules of 1958 which reads as under: