VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant writ petition under Articles 226, 14, 19 & 21 of the Constitution of India and under Sec. 315 (H) of the Rajasthan High Court Rules, 1952 has been preferred on behalf of the convict/ petitioner, namely Vijay Singh praying therein that the order dtd. 26/2/2021 passed by the Superintendent, Central Jail, Ajmer, whereby he has rejected the application for pre-mature release of the petitioner under the Rajasthan Prisons (Shortening of Sentences) Rules, 2006 (hereinafter to be referred to as 'the Rules of 2006), be quashed and set aside. It is further prayed that the respondents be directed to shorten the sentence of the petitioner and release him, as per the Rules of 2006.

(2.) In the present case, notices were ordered to be issued to the respondents. Reply to the petition has been filed on behalf of the respondents.

(3.) During the course of arguments, learned counsel appearing for the petitioner, submits that the petitioner has been convicted by the Court of Additional Sessions Judge (Fast Track), Ajmer, vide its judgment dtd. 3/8/2004, in Sessions Case No.104/2003 for offences punishable under Ss. 302, 307 and 148 of I.P.C. and sentenced to undergo life imprisonment and now he is serving his sentence in the Central Jail, Ajmer. Counsel further submits that the petitioner has served more than eight-years including period of remission of his sentence. Thus, he has served more than 2/3rd part of his sentence. Therefore, he is entitled for shortening of his sentence, as per Rules 8 (1) (iv) and 9 of the Rules of 2006. Counsel also submits that the petitioner is eighty-two years old and is suffering from various diseases, therefore, as per Rule 8 (vi) of the Rules of 2006, he is entitled for shortening of his sentence. Counsel contends that vide order dtd. 26/2/2021 (Annexure-1) the respondent No.3/Superintendent, Central Jail, Ajmer has rejected the application of the petitioner regarding premature release mentioning therein that the eligibility period for premature release is fourteen-years of served original sentence and two years and six months of remission. Lastly, counsel submits that the aforesaid order dtd. 26/2/2021 may be quashed and set aside and the respondents be directed to shorten the sentence of the petitioner and pre-maturely release him.