ISHWAR DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner in this petition was prosecuted for the offence of murder and was taken in custody and jail on September 24, 1980. The trial resulted in his conviction and he was sentenced to death. This judgment was delivered on July 15, 1982. In appeal, the sentence was reduced to imprisonment of life on May 20, 1983. Thus, according to the petitioner, he is in jail since September 24,1980.

(2.) He, therefore, applied for parole under Rule 9 of the Rajasthan Prisoners' Release on Parole Rules, 1958 (hereinafter called 'Rules of 1958').

(3.) That after about 11 years the mother of the petitioner filed a writ petition No. 4407/91 before this Court. It was decided on 6.9.91 and a direction was issued directing the jail authorities to consider the case of the petitioner for grant of permanent parole. After this order was made, the matter was again considered by the Director General of Prisons and the application was rejected on the ground that it is impermissible to do so u/s 433-A of the Criminal Procedure Code.