HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment dated 3.12.1998 learned Sessions Judge, Jodhpur convicted the petitioner for an offence punishable under Section 302 Indian Penal Code and sentenced for life term imprisonment with a fine of Rs.5,000/-. In pursuant to the conviction recorded and sentence awarded the petitioner has served sentence for a period of 18 years 9 months and 23 days including jail remission for a period of 4 years 28 days as on 31.8.2012.

(2.) Wife of the petitioner preferred a petition for writ (DB Parole Writ Petition No.8829/2012) to have permanent parole for present petitioner as per provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as "the Rules of 1958") and that petition came to be disposed of on 26.9.2012 with a direction to the State Level Parole Committee to consider and decide the case of the convict prisoner for grant of permanent parole within a period of one month. In pursuant to the direction aforesaid the State Level Parole Committee in its meeting dated 29.10.2012 examined case of the petitioner for permanent parole and denied for the same as he absconded from State custody on 2.11.2008. Being aggrieved by the same, this petition for writ is preferred.

(3.) It is submitted by counsel for the petitioner that while remaining in State custody at Open Air Camp, Jodhpur the petitioner absconded on 2.11.2008 but was arrested on 15.11.2008 by the Station House Officer, Police Station, Mandore. For that absconding he faced trial for an offence punishable under Section 224 Indian Penal Code and on being convicted, he suffered six months imprisonment, which he has already served. According to counsel for the petitioner after remaining in prison for more than 14 years and also after undergoing six months imprisonment aforesaid, the case of the petitioner deserves to be considered sympathetically with a view to achieve the object of the Rules of 1958.