GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GOPAL , a convicted prisoner at Central Jail, Jaipur has filed this petition through his next friend, Babulal Jat for being released on a parole of seven days under Rule 18 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 ('The Parole Rules' for short).

(2.) BRIEFLY , the facts of the case are that on 26.8.2004, the petitioner along with other co -accused persons was involved in a case for offences under Sections 380, 460 and 302/34 IPC. Subsequently, he was convicted for the said offence by judgment dated 20.4.2006. For offence under Section 302/34, he was sentenced to life imprisonment. The petitioner has filed an appeal before this court, namely D.B. Criminal Appeal No. 681/2006 which is still pending.

(3.) SO far, the petitioner has served nine years and six months. Along with remission, he has served eleven years, five months. During this period of incarceration, the petitioner was granted the benefit of first regular parole of twenty days. He was equally granted the benefit of second parole of thirty days from 31.12.2010 till 29.1.2011. However, the petitioner failed to return to the Central Jail, Jaipur after the expiry of thirty days. In fact, he was arrested on 14.4.2011 and returned to Jail. Since the petitioner had absconded for three months, he lost his right to further regular parole under Rule 9 of the Parole Rules. Instead, now his case was covered under Rule 18 of the Parole Rules. Therefore, he applied for a parole of seven days under Rule 18 of the Parole Rules. However, the Advisory Committee has rejected his case by order dated 20.10.2014. Hence, this petition before this court.