BHERU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant parole petition has been filed under Article 226 of Constitution of India with a prayer that order dtd. 29/10/2021 passed by the District Parole Advisory Committee Karauli, be quashed and set aside and petitioner be released on parole under Rule 9 of Rajasthan Prisoners Release on Parole Rules.

(2.) It is submitted by counsel for the petitioner that petitioner was convicted for the offences under Ss. 148, 302, 307/149 and 323 of IPC and Ss. 3/25 of Arms Act by the Trial Court and he was sentenced to undergo life imprisonment. It is also contended that petitioner has served more than 14 years of imprisonment. He has served a substantive part of his sentence. It is further contended that petitioner granted two regular parole for 20 and 30 days and he never misused liberty of parole and on completion of parole period, he surrendered before the concerned authorities on the due date. Thus, he is entitled to be released on parole and the authorities have wrongly rejected his application on the ground of registration of 20 or more criminal cases against him.

(3.) In the reply, respondents have taken a stand that 20 or more cases were registered against the petitioner and after release on second parole, petitioner came in contact with anti-social elements and threatened various persons.