VAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter written by the convicted prisoner, Vagaram, incarcerated in Central Jail, Jodhpur was received by this Court. The said letter has been treated as a letter petition. Subsequently, Bharat Sharma has appeared to represent the accused-petitioner.

(2.) According to the petitioner, vide judgment dated 25.02.2010, he was convicted for offences under Sections 304-B and 498A IPC; he was sentenced to a term of ten years of rigorous imprisonment for the former offence, and for a term of three years of rigorous imprisonment for the latter offence. According to the State, the petitioner has completed four years, seven months and thirteen days of incarceration. Since the petitioner was eligible for being released on his first parole of twenty days, he had applied for the same. However, vide order dated 26 th July, 2011, the case of the petitioner had been rejected ostensibly on the ground that the police had submitted an adverse report dated 23.05.2011 against him. Hence, this petition before this court.

(3.) Mr. Bharat Sharma, the learned counsel for the petitioner, has contended that according to the police, the petitioner is an alcoholic . Therefore, he is likely to engage in fights and assaults. However, the said observation made by the police is absolutely untenable, as the petitioner has been serving his sentence peacefully for the last four years. Since he has been incarcerated for the last four years, he does not have any access to liquor.