ASHA RAM @ ASHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter, addressed to this Court by the convict Asha Ram @ Ashu Ram son of Jamna Ram Meghwal, is treated as a petition seeking 20 days' parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958' hereinafter).It is stated in the letter petition that the petitioner is behind the bars for more than 5 years and as such, he is entitled for first regular parole in accordance with the Rules of 1958. It is also submitted that the petitioner earlier applied for parole but the same was rejected on 30.01.2012 in view of the baseless adverse police report.

(2.) A reply to the petition has been filed on behalf of the respondents, not disputing that the petitioner is eligible to be considered for grant of parole as he has already served the sentence for a term of 05 years 05 months and 20 days including jail remission of 03 months and 24 days, as on 22.03.2011.

(3.) ON 05.04.2012, the learned Public Prosecutor was granted time to make available the reasons for rejecting the petitioner's claim for grant of first parole. Today, the learned Public Prosecutor has placed for perusal a copy of the report dated 27.12.2011 as received from the office of Superintendent of Police, Churu. We find the said report dated 27.12.2011 wholly vague and uncertain. In paragraph -1 thereof, it is stated that the prisoner was seeking parole for treatment of his wife. Such a fact is not found mentioned in the petition as moved to this Court. Even in the meeting dated 13.01.2012, the matter of petitioner was considered for grant of 20 days' regular parole for rehabilitation in society and not as a case of emergent parole. The other generalised observations do not carry any cogent reason for which the petitioner be denied first regular parole.