BHARAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON being convicted for the offence punishable under Section 302 Indian Penal Code, the petitioner is serving life term sentence at Central Jail, Udaipur. He has already served sentence for a term of seven years and nine months including the jail and State remission as on 30.6.2012. He also availed first regular parole and an emergent parole as per the provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958'). An application was submitted by him to the District Magistrate, Banswara for grant of 30 days regular parole and that was placed before the District Parole Advisory Committee, Banswara in its meeting dated 15.6.2012. The competent committee denied for the regular parole by relying upon the remarks made by the Superintendent of Police, Banswara under a communication dated 13.6.2012. ON refusal for grant of regular parole by the District Parole Advisory Committee, Banswara, the petitioner submitted a letter to Hon'ble the Chief Justice of this Court which is registered as a petition for writ.

(2.) IN response to a notice issued by this Court on 10.7.2012, a reply to the writ petition has been filed on behalf of the respondents. A copy of the communication dated 13.6.2012 addressed to the District Magistrate, Banswara by the Superintendent of Police, Banswara is placed on record as Anx.R/1. As per the remarks contained in the communication dated 13.6.2012, Shri Shambhulal; Harji; Nanalal; Chetandas and Shankarlal objected for grant of parole to the petitioner as enmity yet exists between the family of the accused and the victims. It also reveals from the communication dated 13.6.2012 that Shri Shambhulal; Harji; Nanalal; Chetandas and Shankarlal were witnesses in the case in which the petitioner was convicted.