GANGA DEVI Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by the convict -petitioner (Ganga Devi) through her son (Suresh Lal) seeking permanent parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, "the Rules of 1958").

(2.) THE convict -petitioner is presently confined in Central Women Jail, Jaipur and serving sentence of life imprisonment upon being convicted u/s 302/34, 201 IPC and sentenced to life imprisonment by the court of Additional District Judge, Nimbhaheda vide judgment and order dt. 16/05/2003 passed in Sessions Case No.65/1999.

(3.) COUNSEL for the convict -petitioner submitted that the convict petitioner has already served more than 14 1/2 years of imprisonment and being an old aged lady, deserves to be granted indulgence of permanent parole. He contended that under Rule 9 of the Rules of 1958, an accused can be granted benefit of permanent parole on certain grounds/conditions and the convict -petitioner, being a lady and particularly aged about 79 years, needs indulgence of this Court for granting her benefit of permanent parole. Counsel contended that the convict -petitioner cannot be denied the benefit of permanent parole only on the ground that during the last more than 14 1/2 years she has not availed of any parole. Counsel further contended that the conduct of the convict -petitioner in jail has been satisfactory and good and there is no reason in not granting permanent parole to the convict -petitioner. He contended that the District Magistrate, Chhitorgarh has given adverse report by simply observing that there is dispute between the parties relating to the land matter and it may affect the peaceful atmosphere. Counsel submitted that this cannot be a reason at all for not granting benefit of permanent parole to the convict -petitioner, more particularly, when the convict -petitioner now is an infirm lady aged about 79 years and is not even in a position to maintain herself properly. He further contended that the Superintendent of Police, Chittorgarh has also made the same observations as have been made by the District Magistrate, Chhitorgarh, however, the Social Welfare Department, Chittorgarh in its report dt. 17/08/2013 (Anx. R/5) has recommended for grant of permanent parole to the convict - petitioner. Counsel further contended that in the light of the above facts and circumstances, the convict petitioner deserves benefit of permanent parole so that she may come in the main stream and that she must be given indulgence of permanent parole so that she can be taken care of by her family members now at least for some time as she may not be in a position to live long life because of her old age and being infirm.