MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CONFINED in Central Jail, Sewar, Bharatpur, hoping to be released on permanent parole, Mahaveer, a convicted prisoner, has filed this petition through his brother, Jal Singh. He has challenged the order dated 13.8.2014 passed by the State Parole Committee whereby the Committee has declined to release the petitioner on permanent parole under the Rajasthan Prisoners (Release on Permanent Parole), Rules, 1958.

(2.) ACCORDING to the petitioner, he was convicted for offences under Sections 395/149, 396/149, 148 and 458 IPC by the Additional Sessions Judge No.2, Sikar by judgment dated 7.5.2001. He was sentenced to life imprisonment. Since he was aggrieved by the said judgment, he preferred a criminal appeal before this court. However, the same has been dismissed by this court. Subsequently, he also preferred a SLP before the Apex Court. But even the Apex Court has dismissed his SLP.

(3.) ACCORDING to the reply submitted by the State, as on 31.7.2014, the petitioner has completed 16 years, 9 months and 14 days of sentence including remission. During the course of his incarceration, the petitioner was granted regular paroles on two occasions. According to the petitioner, while he was on parole he did not violate any of the conditions of the parole. Moreover, he did not create any law and order problem. And most importantly, no untoward incident occurred between him and the complainant party. Having completed more than sixteen years, he applied for being released on permanent parole before the State Committee. However, by order dated 13.8.2014, the Committee has dismissed his case. Hence, this petition before this court