SUSHILA KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D. B. Civil Haheas Corpus Petition No. 5828/93 has been filed by Smt. Sushila Kanwar w/e life convict Shyam Singh, whereas, D. B. Crt. Misc. Parole Petition No. 155/94 has been filed by Shyam Singh himself. Since the relief sought in the afore-mentioned petitions is same, these are being decided together by a common order.

(2.) THE undisputed facts are that petitioner Shyam Singh was admitted in jail as an under-trial prisoner on 3. 6. 1986. He was convicted by the learned Sessions Judge, Jodhpur for the offence under Section 302 I. P. C and sentenced to life imprisonment. THE appeal against his conviction is pending in this Court. THE convict Shyam Singh as per report of the Superintendent of Central Jail has already served out sentence of eight years, one month and twelve days as on 6th Dec, 1993. THE State in its reply has also admitted that the conduct of petitioner Shyam Singh in the Jail has been found normally satisfactory. This is also not in dispute that convict Shyam Singh was granted one emergency parole for 7 days from 5. 11. 91 to 11. 11. 91 due to the illnesss of his mother Smt. Mengi Bai. Besides, he was further granted parole by this court in D. B. Cr. Misc. Parole Petition No. 24/91 w. e. f. 1. 2. 91 to 28. 2. 91 which was extended upto 29. 03. 1991. Smt. Sushila has prayed that her elder daughter Kumari Nitu is suffering from epilepsy for several years and that her house had fallen down in rainy season in the year 1993 and as such Shyam Singh be released on parole for a period of 120 days.

(3.) IT has not been denied on behalf of the respondent that Shyam Singh's daughter Kumari Nitu and his mother Smt. Mangi Bai are not suffering from serious ailments. The only ground on which these petitions have been opposed, is that the Superintendent Police has given an adverse report against convict Shyam Singh. The State in its reply has specifically admitted that the conduct and behaviour of convict Shyam Singh in Jail has been found normally satisfactory. Convict Shyam Singh was released on parole twice in the year 1991 and during that period his conduct has not been reported unsatisfactory or hazardous to society. On the other hand, after expiry of the periods of parole, he had surrendered to the Jail authorities.