RAM KUMAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) The admitted facts of this writ petition are that the petitioner was lodged in the Jail on 8-10-1974. During trial he was found guilty for the offence under Sections 302/34. I.P.C., and sentenced to life imprisonment by the learned Sessions Judge, Churu by his judgment dated 22-7-1975. As per para 5 of the reply filed on behalf of the State up to 31st Jan., 1994, the petitioner had already undergone substantive sentence for 10 years, 8 months & 9 days, that he has earned jail remissions for 3 years, 10 months & 9 days and the State remissions of 1 year & 6 months. Thus till this day he has undergone sentence for more than 17 years. It is also not in dispute that the petitioner has become eligible for consideration for permanent parole under Rajasthan Prisons (Shortening of Sentences) Rule, 1958 read with the Amendment Rules of 1990 with effect from July, 1993.

(2.) The only contention of Dr S. S. Bhandawat on behalf of the State is that since the non-governmental members in the Advisory Board have not been appointed so far by the State, the meeting of the Advisory Board could not be Held and that as soon as the said Board is constituted, petitioner's case will be submitted for consideration.

(3.) It is really an alarming state of affairs that the State Government has not appointed the non-governmental members of the District Advisory Board, Churu for such a long period with the result that though the petitioner has become eligible long back for consideration for permanent parole his case has not been considered so far. The convict petitioner has already undergone sentence of more than 17 years and he cannot be kept languishing in the jail ad infinitum for the inaction and lethargy on the part of State agency. In such circumstances, the petitioner deserves to be released on parole till the decision of the Advisory Board.