BHIMNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition is filed on behalf of the convict-prisoner challenging the decision of the District Parole Advisory Committee, Barmer in its meeting dtd. 27/10/2022, where by the application of the petitioner for releasing him on 40 days' regular parole has been rejected on the ground that as per the provisions of Rule 16(2)(b) of the Rajasthan Prisoners Release on Parole Rules, 2021 (for short "the Rules of 2021"), the petitioner is convicted and sentenced for the offence under Sec. 460 IPC and the same is declared as prohibited offence under the Rules of 2021.

(2.) From the averments made in the petition as well as reply of the State, it is clear that the petitioner was convicted and sentenced for five years of imprisonment for the offence under Sec. 460 IPC.

(3.) Learned AAG has frankly admitted that at present the petitioner has served around eight years of sentence till date.