ARUN KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition (parole) is filed for setting aside the order dated 01.10.2020 passed by the District Parole Commit- tee, Nagaur whereby, the application of the petition for grant of first regular parole has been dismissed.

(2.) The facts as emerging from the record are that petitioner was convicted and sentenced by the learned Sessions Court, Jaipur in Sessions Case No.01/2012 vide judgment dated 06.12.2017 under Section(s) 13, 18, 18-B and 20 of the Unlawful Activities (Prevention) Act, 1967 (for brevity 'the Act of 1967') and was sentenced to simple life imprisonment. In appeal, this Court vide judgment dated 30.10.2018, set aside the conviction of the appellant under Section 13 of the Act of 1967 and substituted the sentence from life imprisonment to 14 years rigorous imprison- ment with fine.

(3.) Learned counsel for the petitioner submitted that he has served more than 10 years, 7 months and 11 days as on 20.01.2021 including remission and thus acquired eligibility for grant of first regular parole under Rule 9 of the Rajasthan Prison- ers Act, 1958; but, the respondents, vide order impugned dated 01.10.2020, rejected his case for grant of parole for extraneous considerations. He submitted that as per the report of the Super- intendent of Central Jail, Jodhpur, his jail conduct has remained satisfactory. Drawing attention of this Court towards the report dated 17.09.2020 furnished by the Department of Social Justice and Welfare, Nagaur, he submitted that no objection for grant of parole has been accorded therein. Relying on the judgment of this Court in case of Pappu @ Salim Versus State of Rajasthan and Ors., D.B. Civil Writ Petition No.16042/2017 dated 24.10.2017, he prayed for setting aside the order impugned dated 01.10.2020 and for grant of first regular parole to him.