KEDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As per the facts mentioned in the memo of writ petition the petitioner is a resident of Village Barwai, P.S. Ambah Distt. Murena (MP). He was convicted by learned Additional Sessions Judge, Dholpur, vide judgment dated 5.6.1972 u/s 302 Penal Code read with Sec. 149 and 365 and 147 Penal Code and was sentenced to life imprisonment, five years imprisonment and one year's imprisonment respectively. All the sentences were ordered to run concurrently. The petitioner did not file any appeal.

(2.) On 1.6.1990, the petitioner filed Writ Pet. No. 2539/1990 before this Court which was disposed of on 17.8.1990. It was ordered that the State Govt. should constitute Advisory Board and place the matter regarding premature release of the petitioner before the Board within one month and inform the petitioner about the same. It was in pursuance of this order passed in the earlier writ petition filed by the petitioner that the Advisory Board was constituted. The Advisory Board in its meeting held on 14.12.90 considered the case of the petitioner and recommended the matter for his premature release on his furnishing bail and personal bond for Rs. 20,000.00. The matter was considered by the State Govt, and vide its order dated 9.4.1991, the State Government did not accept the recommendations of the Advisory Board and did not order for premature release of the petitioner. It is against this order dated 9.4.1991 that the present writ petition was filed by the petitioner in this Court on 8.5.1991. Notices were issued on 14.5.91 to show cause as to why the writ petition should not be admitted. After service, the writ petition was admitted on 28th May, 1991 and notices were again issued to the respondents. The matter came up for orders on 12-11-1991 when the learned counsel for the State sought time and the matter was placed for orders on 22.11.1991. On 22-11-1991, it was observed that since the Government did not comply with the earlier order dated 17th Aug. 1990 and the petitioner had not been intimated about the result of the Advisory Board and since the State Government has not filed reply even of this writ petition so far and the learned Government Advocate still sought time to file the reply and also to find out as to whether the case of the petitioner had been considered or not by the Advisory Board, it was thought just and proper that the petitioner be released on parole for a period for a period of three weeks on his furnishing a personal bond in the sum of Rs. 10,000.00 with two sureties in the sum of Rs. 5000.00 each, to the satisfaction of the Sessions Judge, Dholpur, with the stipulation that after the expiry of this period, he shall surrender before the Superintendent District Jail, Dholpur in the absence of any further order of this Court. In pursuance of this order, the petitioner was released on parole on furnishing personal bond and two sureties.

(3.) A reply of the writ petition was filed on 9th Dec., 1991. When the matter came up for orders on 17.12.1991, it was considered necessary to look into the original record which has been taken into consideration by the State Government. Arguments were partly heard on 7.1.1992 and the learned Additional Advocate General was directed to produce the complete record for perusal of the court. Later on, he was further ordered to produce certain more documents. An additional affidavit has been filed on behalf of the Government along with the documents. Arguments have been heard.