MANI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON 'ble Supreme Court under an order dated 10.5.2001, while commuting death sentence imposed upon convict prisoner Shri Bhagwan Soni, directed that he shall undergo the sentence of imprisonment for life and shall not be released from prison without serving sentence at least for 20 years of imprisonment. The convict prisoner has served sentence for a period of 22 years 2 months and 25 days including the State remission for 4 months and jail remission for three 3 years 2 months and 23 days. The actual term of sentence served by him uptil the date aforesaid is 18 years 8 months and 2 days. The convict prisoner while undergoing sentence also availed first, second and third parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as "the Rules of 1958"). He has also availed two annual paroles subsequent thereto. The petitioner, wife of the convict prisoner by this petition for writ has claimed for grant of permanent parole to convict prisoner Shri Bhagwan Soni.

(2.) IT is submitted by counsel for the petitioner that the case of the convict prisoner is required to be considered for grant of permanent parole in accordance with the Rules of 1958. IT is also pointed out that Hon'ble Supreme Court while disposing of a Special Leave to Appeal (Cr.) No.2109/2002 preferred by Shri Bhagwan Soni (convict prisoner) left it open to move proper application before the competent authority under the Rules for parole or furlow with a direction to the competent authority to consider the same in accordance with the Rules. IT is asserted that in view of the directions given by Hon'ble Supreme Court the convict prisoner is entitled to be considered for permanent parole on completion of 14 years of actual sentence. We have considered the argument advanced. Hon'ble Supreme Court by the judgment dated 10.5.2001 commuted the death sentence with specific direction that the convict prisoner is required to serve out at least 20 years of imprisonment including the period already undergone. Meaning thereby, the convict prisoner is required to remain imprisoned at least for 20 years and this period does not include any remission. What appears from perusal of the directions given by Hon'ble Supreme Court is that the death sentence was was commuted with a specific direction to get 20 years actual imprisonment serve out by convict prisoner Shri Bhagwan Soni. If the Apex Court was of a view as advanced by learned counsel for the petitioner then the term of 14 years could have been mentioned or it could have been mentioned that the convict prisoner is required to undergo life term imprisonment. That being not the position, the specific assertion "at least 20 years of imprisonment" clearly indicates that the convict prisoner is required to undergo actual imprisonment for 20 years. The term of 20 years is yet not been completed, therefore, no relief as claimed for by the petitioner for extending the benefit of permanent parole to convict prisoner Shri Bhagwan Soni can be given. The writ petition, thus, is having no merit, hence dismissed.