RAKESH Vs. STATE

JUDGEMENT

(1.) The instant writ petition has been preferred by the convict-petitioner Rakesh S/o Shri Ghasi Ram with a prayer to direct the respondents to release him on permanent parole. The adverse recommendations dtd. 19/1/2021 whereby, the petitioner has been denied permanent parole by the State Level Parole Committee are assailed in this writ petition.

(2.) Learned counsel Shri Bhati submits that that the petitioner has served imprisonment of more than 14 years satisfactorily. He is being granted regular paroles and has earned entitlement for being released on permanent parole and thus, rejection of the petitioner's case for being released on permanent parole is totally unwarranted. In support of his contentions, reliance is placed on the order dtd. 4/1/2020 passed in D.B. Criminal Writ Petition No.419/2019 (Shankar Lal vs State of Rajasthan and Ors.) and the order dtd. 15/3/2021 passed in D.B. Criminal Writ Petition No.59/2021 ( Nema Ram vs State of Rajashan and Ors.). Shri Bhati submitted that the writ petition deserves to be accepted and the petitioner should be ordered to be released on permanent parole while setting aside the adverse recommendations.

(3.) Per contra, Shri Joshi, learned G.A.-cum-A.A.G. (In Charge) submitted that the petitioner had previously approached this Court by way of writ petition (No. 15/2020) for assailing the impugned order dtd. 23/12/2019, whereby the application preferred by the petitioner for being released on permanent parole was rejected. The writ petition preferred by the petitioner was rejected by the Division Bench of this Court holding that he is not entitled to be released on permanent parole because he was found indulged in commission of crime during the first parole. Shri Joshi pointed out that not only did the petitioner's counsel conceal this material fact by failing to mention about rejection of the writ petition (No. 15/2020) in the foot-note of the instant writ petition but even thereafter another abortive attempt was made by the petitioner through his counsel Shri Kalu Ram Bhati by filing writ petition (No.373/2020) which too has been dismissed by this Court vide order dtd. 28/9/2020. He thus urged that the petitioner is not entitled for the relief prayed for on account of concealment of material facts and as he is otherwise not entitled to be released on permanent parole.