JAGDISH NARAYAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner through his brother Ramavtar has prayed for grant of first parole.

(2.) It is submitted that the petitioner was convicted and sentenced for ten years' rigorous imprisonment for the offence under sections 376 (2) (g), 366 IPC, vide judgment dated 9-1-2009. The petitioner has remained in judicial custody for more than three years nine months upto October,2011. As per Rule 9 of the Rajasthan Prisoners Release on Parole Rules,1958, the petitioner has become entitled for grant of benefit of first parole. It is submitted that grant of parole has been recommended by the jail authorities, in view of petitioner's good conduct and also by the Social Welfare Officer. The Superintendent of Police, where the petitioner is to spent his time on parole, has however mechanically proceeded to refuse recommendation for the grant of parole on vague, general and unsubstantiated grounds. Hence, it is prayed that petitioner may be released on first parole.

(3.) The respondents have filed reply to writ petition and stated that on account of adverse police report the District Advisory Parole Committee has not recommended to release the petitioner on first parole.