ARIF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter written by the convicted prisoner, Arif Khan, incarcerated in Central Jail, Bikaner was received by this Court. The said letter has been treated as a letter petition. Vide order dated 2.3.2012 this Court had appointed Mr. Ravi Panwar as an arnicurs curiae in this case.

(2.) Mr. Ravi Panwar submits that the petitioner has been convicted for offences under Sections 498-A and 304/B Indian Penal Code vide judgment dated 21.7.2011 passed by Sessions Judge, Churu. The.appellant was sentenced to a term of ten years of rigorous imprisonment of offence under Sec. 304B Indian Penal Code and for one year of rigorous imprisonment for offence under Sec. 498A Indian Penal Code As on 30.3.2012, out of his sentence of ten years, the petitioner has completed three years, five month and four days. Since the petitioner was eligible to being released on his first parole, he had applied for the same. However, vide order dated 30.1.2012, District Parole Committee has rejected his parole application ostensibly on the ground that the Superintendent of Police, Churu had submitted an adverse report against him. However, the learned counsel has pleaded that the report is a mechanical one. Therefore, the Parole Committee ought not to have accepted the said report. Hence, his prayer is that the petitioner be released on his first parole of twenty days.

(3.) The learned Public Prosecutor has contended that the police has a bona fide belief that the release of the petitioner would create law and order problem.