MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard Mr. Manish Shishodia and Mr. S. S. Bhandawat Addl. Advocate General and also gone through the extract of the report of the Advisory Board which has been filed as Ex. R/2 by the State. The Advisory Board has recommended the premature release of the petitioner. There is no dispute that the present petitioner has already served his sentence of nearly 18 years 4 months and 8 days uptil 31-10-92 including the remission as being taking into consideration. The report of the District Magistrate and the Superintendent of Police and the petitioner's conduct as a whole the Advisory Board has recommended as under :

(2.) The Deputy Secretary, Jail to the Government of Rajasthan vide letter dated of 2-4-93 informed the Superintendent of Central Jail, Udaipur that since petitioner was awarded Jail Punishment for jail offences, as such his conduct cannot be said to be exemplary. Consequently Government rejected the case of the petitioner for pre-mature release. The said order reads as follows :

(3.) When the matter came up before the Court on 17/01/1994 having noticed that the Advisory Board has recommended the premature release of the petitioner and that it was also mentioned in the report that the petitioner has been punished in the year 1986 for the escape of 22 prisoners from the Banswara District Jail, the Court directed that the record of the inquiry and order of punishment be produced for the perusal of the Court. Mr. Bhandawat has submitted that an application has been filed on 1-2-1994 along with he has placed on record documents Ex. R / 3 and R/ 4 and we have gone through these two documents and reference has also been made about this matter in the report of the Advisory Board. It appears that the allegation against the present petitioner was that he had co-operated with the head guard in taking the prisoner Rakma s/o. Bhirji to his village Sagatlai and on this account way back in the year 1986 the petitioner was reverted but he was again promoted as convict night watchman vide order dated 27/12/1986 and thus he suffered this reversion for a period of 5 days only.