SATYA NARAYAN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) - By this letter petition, the convict-prisoner Satva Narayan S/o Shanker Lal Darji, who being convicted for offence under Sec. 376 I.P.C., is presently serving sentence of 10 years' rigorous imprisonment at Central Jail, Ajmer; has prayed for 20 days regular parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (herein after 'the Rules of 1958'),It is stated that the petitioner convict is entitled for 20 days regular parole but the District Collector, Nagaur has rejected his parole application on the ground of Police report, apprehending that in the event of release on parole there will be threat to life of convict-prisoner from members of victim's family.

(2.) As per reply to the petition filed on behalf of respondents, the District Parole Advisory Committee, Nagaur in its meeting dated 21.6.2012 considered and rejected claim of the convict-petitioner for availing 20 days parole by relying upon adverse report submitted by the Superintendent of Police and mentioned that the victim and the petitioner-prisoner reside in the same village and therefore, on granting parole to the petitioner-prisoner, peace and tranquillity shall be adversely affected.

(3.) It is also stated in the reply that a Division Bench Judgment of this Court in the case of Umesh Kumar @ Munna Singh & 12 Ors. Vs. State of Rajashtan & Ors., (D.B. C.W.P. No. 2138/2011) held that during pendency of an appeal against conviction and sentence, a convict-prisoner can not be permitted to have parole under an administrative order and in the light of aforesaid, the State Government has issued a circular dated 30.8.2012.