KARNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter addressed by convict prisoner with a prayer for grant of permanent parole as per the provisions of Rajasthan Prisoners Release on Parole Rules, 1958 [hereinafter referred as 'the Rules of 1958'] has been treated as petition for writ. The factual matrix necessary to be noticed are that the learned Addl. Sessions Judge [Fast Track], Sirohi by the judgment dated 18.04.2003 convicted the petitioner, for an offence punishable under Section 302 of the IPC. He was sentenced to undergo life term imprisonment with a fine of Rs.5,000/-. The conviction recorded has already been affirmed by this Court as well as by the Hon'ble Supreme Court.

(2.) The convict-prisoner has already completed the term of sentence for a period of 17 years, 9 months and 2 days as on 31.08.2013 including actual term of imprisonment to the tune of 14 years, 3 months and 26 days. During the period of imprisonment, the petitioner availed interim bail from 07.11.2004 to 23.11.2004, 01.10.2003 to 30.10.2003 and thereafter first, second, third and fourth regular parole from 07.05.2007 to 26.05.2007, 19.05.2009 to 17.06.2009, 21.04.2011 to 30.05.2011 and 08.12.2012 to 16.01.20132 respectively. While availing the last parole the petitioner reported to jail on 17.01.2013 instead of 16.01.2013. Looking to this delay, a case for the offences punishable under Sections 224, 225 and 229 IPC was registered against him at Police Station Ratanada and he has already been charge sheeted for that.

(3.) The respondents have denied permanent parole to the convict-prisoner on the count of delay caused in reporting to the State Custody after availing the last parole referred above. It is submitted by learned Govt. Advocate that the applicant has violated the condition of parole and as such he is not entitled for getting permanent parole.