KISHAN BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter addressed to this Court by convict prisoner Shri Kishan Bahadur son of Om Bahadur, resident of Salli Kharak, District Pyuthan Rapti, Nepal, presently lodged at Central Jail, Bikaner, for grant of permanent parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958'), is treated as a petition for writ. The Deputy Inspector General Prisons, Government of Rajasthan, Jaipur, under an order dt. 26.9.2013, refused for grant of permanent parole to the petitioner on the count that as per Rule 14(a) of the Rules of 1958 a convict-prisoner, who is ordinarily not a resident of Rajasthan, should not be released on permanent parole. The petitioner being resident of Nepal is not eligible for grant of parole in view of the provision aforesaid.

(2.) Suffice to mention here that the Additional Sessions Judge (Fast Track), Anoopgarh, District Sriganganagar by judgment dt. 6.2.2002 in Sessions Case No. 128/2001 convicted the petitioner for the offences punishable under Secs. 302, 307 and 450 Indian Penal Code. He was sentenced to undergo life term imprisonment with a fine of Rs. 1000/- against the conviction recorded for the offence punishable under Section 302 Indian Penal Code. Consequently, he is serving the same at Central Jail, Bikaner. He has already served actual sentence for a period of 14 years and 16 days as on 22.10.2013.

(3.) A convict prisoner ordinarily acquires eligibility to have permanent parole on completing actual term of 14 years imprisonment. This term has already been satisfied by the petitioner, however, in light of Rule 14(a) of the Rules of 1958, he cannot be released on permanent parole. Rule aforesaid is a directory one and being so, deviation from that is permissible in special circumstances.