PRABHULAL 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 22.09.2020 issued pursuant to the meeting of Permanent Parole Committee dated 11.08.2020 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 vide judgment dated 28.02.2015 passed by the trial Court, the petitioner was convicted for the offence under Section 302/149, 147 and 323/149. However, in appeal vide judgment of Division Bench of this Court dated 06.09.2019, while modifying conviction under Section 302 IPC into Section 304 Part II/149 of IPC, sentenced the petitioner to 8 years imprisonment with fine.

(3.) It has further been submitted that the petitioner had served 6 years, 11 months and 13 days of imprisonment including remission upto 18.11.2020 out of the total sentence of 8 years. In this way, he has served a substantive part of his sentence. He was released on two paroles of 20 and 30 days respectively by the Parole Committee. 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.