PARTHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter addressed to this Court by convict prisoner Parthu S/o. Kachru is treated as petition for writ. The petitioner is seeking a direction for awarding him 20 days first regular parole as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958'). The petitioner was convicted for offence punishable under Sections 141, 323, 324, 325, 302/149 I.P.C. and was sentenced to undergo life term imprisonment inter alia by the judgment dated 27.11.2009 passed by learned Addl. Sessions Judge (Fast Track), Banswara. The petitioner has already served sentence for a period of 07 years, 01 month and 06 days including jail remission for a period of 11 months & 05 days and State remission for a period of six months as on 20.12.2013, as such, the petitioner is eligible to be considered for grant of first regular parole.

(2.) The District Level Parole Advisory Committee, Banswara in its meeting dated 6.9.2013 refused for grant of parole to the petitioner in view of adverse remarks made by District Probation-cum-Prison Welfare officer, Department of Social Justice & Empowerment and also by the Superintendent of Police, Banswara. As per the Superintendent of Police, Banwara, the family of petitioner was not residing at their native place. The District Probation-cum-Prison Welfare officer, Department of Social Justice & Empowerment stated that the accused was convicted for committing murder and as yet no compromise has occurred between the parties as per their social customs, therefore, an apprehension exists for causing breach to peace and tranquillity of the area. So far as the jail conduct of the petitioner is concerned, that is found satisfactory.

(3.) We have considered all facts of the case. The petitioner is having eligibility to be considered for grant of parole but that has been denied only for the reason that the police at the first instance failed to collect necessary details about the present place of residence of family members of the petitioner. The Station House Officer, Police Station, Bhungada, District Banswara by his communication dated 22.1.2014 has informed learned Government Advocate about all necessary details pertaining to the place of residence of relatives of the accused and that is as under :-