RADHA KISHAN 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 10.09.2020 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 29.9.1989 passed by the trial Court, the petitioner was convicted for the offence under Sections 302 IPC and was sentenced to life imprisonment. However, the Division Bench of this Court in appeal, altered it to Section 304 Part I of IPC and sentenced him to undergo 4 years imprisonment.

(3.) It has further been submitted that the petitioner had served 3 years and 8 days of imprisonment upto 17.01.2020 out of the total sentence of 4 years. He was released on two paroles of 20 and 30 days respectively by the Parole Committee. In this way, he has served a substantive part of his sentence. 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.