KRISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition for writ convict prisoner Krishan son of Shri Girdhari, presently lodged at Central Jail, Bikaner, is seeking a direction for awarding permanent parole to him ignoring the fact that he has yet not completed 11 months after availing last annual parole.

(2.) IN brief, facts of the case are that learned Additional Sessions Judge, Nohar District Hanumangarh by the judgment dated 23.7.2002 convicted the petitioner for the offence punishable under Section 302 Indian Penal Code inter-alia and awarded sentence to undergo life term imprisonment. An appeal preferred by him giving challenge to the judgment of conviction also came to be rejected by this Court on 17.11.2006. A Special Leave Petition preferred before Hon'ble Supreme Court too came to be rejected on 22.2.2009. He has already completed a term of 14 years three months and 15 days of actual sentence including jail remission for a period of 11 months 16 days and State remission for a period of one year six months as on 31.3.2013. His case for grant of permanent parole was considered by State Level Parole Committee in its meeting dated 8.1.2013/7.2.2013 but rejected the same in view of the provisions of Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as "the Rules of 1958") that prescribes for not awarding parole unless 11 months have elapsed from the date of expiry of the period of earlier release on parole.

(3.) WE have examined case of the petitioner. True it is, Rule 10 of the Rules of 1958 provides that no parole can be granted before expiry of a period of 11 months from the last date of completion of earlier parole. However, the provision concerned is directory in nature. In a case where a person is claiming permanent parole, the factors for consideration should be different than the factors relating to first, second, third and subsequent annual paroles under the Rules of 1958. In the case of permanent parole all efforts should be made to release a convict prisoner as early as possible after completion of 14 years of actual sentence and other mandatory eligibilities. If conduct of a convict prisoner is satisfactory and no apprehension exists for misusing the liberty by him in the event of grant of permanent parole, then he should be released on permanent parole, being an effort to lodge a person in main stream of the society and to rehabilitate him adequately.