ARJUN LAL Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by prisoner against rejection of his application seeking 2nd parole U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 ("Rules, 1958") on the basis of recommendations made by District Parole Committee (respondents) in its meeting dt.9/12/2011 conveyed vide order dt.15/12/2011.

(2.) AS alleged, petitioner was convicted and sentenced U/Ss 376, 366, 363, 365, 344 IPC to undergo Ten years' RI vide judgment dt. 21/05/2008 passed by Addl. Sess. Judge/Special Judge (Women Atrocities & Dowry Cases) Jaipur against which criminal appeal (No.314/2009) is pending before the High Court.

(3.) R.9 of Rules, 1958, clearly contemplates that if a prisoner on having completed with remission if any, one fourth of his sentence and subject to good conduct in jail, be released on first parole for twenty days which includes days of journey to home & back; and he can be considered for 2nd parole for Thirty days provided behaviour of prisoner has been good during the 1st parole, and as per R.10 of Parole Rules, no second & subsequent release on parole shall be made unless eleven months have elapsed from the date of expiry of period of release on parole immediately preceding.