SUSHILA KANWAR Vs. STATE OF RAJ & ANR

JUDGEMENT

(1.) Sushila Kanwar, wife of convicted prisoner Dungar Singh, has filed this petition seeking regular parole for her husband under the Rajasthan Prisoners (Release on Parole) Rules, 1958 ('the Rules', for short).

(2.) According to her, her husband was convicted for offences under Sections 148, 427, 323 read with Section 149, 325 read with Section 149, 452, 302 read with Section 149 IPC by judgment dated 26.08.2011 passed by the learned Additional Sessions Judge (FT) Sikar. So far, he has undergone five years, two months and fifteen days as an undertrial and ten months as actual sentence and has earned a State remission of six months. Thus, he has undergone a total sentence of six years, eight months and twenty one days. Since her husband was eligible for grant of first parole of twenty FloatingFrame FloatingFrame days, he had applied for the same. However, by order dated 27.03.2012, the District Parole Committee, Sikar has dismissed her husband's case ostensibly on the ground that the Superintendent of Police, Bikaner has submitted an adverse report.

(3.) Mr. J.D.S. Bhati, the learned counsel for the petitioner, has contended that the Superintendent of Police had submitted a mechanical report wherein he had claimed that a dispute may arise between the complainant-party and petitioner's husband. However, such a conclusion drawn by the police is not based on any evidence. Secondly, both the Superintendent Central Jail and the Social Welfare Officer have recommended the case of petitioner's husband. According to the Social Welfare Officer even earlier the petitioner's husband was released on bail for two days. When he had spent two days in the village, no untoward incident had occurred. Thus, this clearly proves the fact that the report of the S.P., is misplaced. On the other hand, the learned Addl. Govt. Advocate has vehemently contended that the District Parole Committee was justified in relying upon the police report and in denying the petitioner's husband his first parole of twenty days. Heard the learned counsel for the parties and perused the impugned order.