MAGNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter addressed to this Court by convict prisoner Magna son of Dayaram, by caste Nayak, is treated as a petition for writ.

(2.) THE facts necessary to be noticed are that learned Additional Sessions Judge, Nimbahera convicted the petitioner for an offence punishable under Section 302 Indian Penal Code by judgment dated 2.12.2000 and ordered to undergo life term imprisonment with a fine of Rs. 1000/ -. The convict prisoner has already served actual sentence for a period of 15 years 8 months and 16 days as on 20.12.2013. The term of imprisonment including jail remission is 19 years 9 months and 29 days as on 20.12.2013. On attaining eligibility to be considered for grant of permanent parole as per provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958') he preferred a petition for writ (DB Civil Parole Writ Petition No. 9521/2013) and that came to be accepted on 17.7.2013. In the case aforesaid a direction was given to award permanent parole to the petitioner as per provisions of the Rules of 1958. In compliance of the directions given by this Court in the petition for writ referred above the Superintendent, Central Jail, Udaipur passed an order dated 10.10.2013 to release the petitioner on permanent parole subject to furnishing two sureties of Rs. 25,000/ - each and a personal bond of the same amount.

(3.) HEARD learned Government Advocate and examined the record.