ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by prisoner against rejection of his application seeking 1st 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 held on 20/12/2011.

(2.) AS alleged, petitioner was convicted and sentenced U/Ss 376, IPC to undergo Seven years' RI vide judgment dt.06/08/2010 of Addl.Sess. Judge (FT) Baran against which criminal appeal is pending before the High Court. After completion of 1/4th of sentence petitioner claiming himself as eligible, applied for first regular parole for twenty days which was placed for consideration before District Parole Committee in its meeting held on 20/12/2011 wherein his case was considered but the Committee rejected his prayer for regular parole on the premise of adverse police report.

(3.) IT is also not case of respondents that petitioner is facing any other criminal offence/ trial. There is no material placed on record by which it can be inferred that if parole is granted, petitioner would again involve in such kind of criminal offences or report of jail authority which may adversely show his antecedents and character while in prison, certainly his case is covered for consideration for release on 1st parole U/r 9 of Rules, 1958.