SUBHASH KHICHAD Vs. STATE

JUDGEMENT

(1.) The instant writ petition has been filed by the convict petitioner Subhash Khichad seeking a direction for release on first parole of 20 days. The petitioner was convicted and sentenced to undergo life imprisonment vide judgment dated 26.08.2016 passed by the learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No.1/2014. It is averred that the petitioner's application for release on first parole of 20 days has not been decided by the competent authority.

(2.) Notice of the writ petition was issued to the respondents and a reply has been filed on their behalf. It has been categorically mentioned in the reply that the convict was released on 15 days' parole on 08.03.2017 in furtherance of the order dated 06.03.2017 passed by the District Magistrate, Hanumangarh, but he did not report back at the prison on the scheduled date and went absconding, upon which a criminal case was registered against him. On 13.05.2017, information was received that the convict was arrested and lodged at the Central Jail Bhatinda in another case. Thus, his custody was sought from the said jail and he was brought back and lodged at the Central Jail, Bikaner to undergo his life sentence. In these circumstances, the respondents have pleaded that the convict has lost the right to be considered for grant of regular parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, hereinafter referred to as 'the Rules of 1958') and that he can now only seek release on parole under Rule 18 of the Rules of 1958.

(3.) Learned counsel Mr. Kaluram Bhati vehemently and fervently submits that the consequence of denial of parole upon abscondance flows only if the convict has breached the conditions of "regular parole" of 20, 30 or 40 days, as the case may be, granted under Rule 9 of the Rules of 1958, whereas the convict-petitioner herein had been released on emergent parole of 15 days and thus, this restriction would not apply to the present circumstances and the petitioner herein is entitled to be released on regular parole of 20 days.