RAMJI LAL ALIAS RAMJYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Convicted and sentenced for offences under Sections 148, 302/149, 395/396, 376/149 and 323/149, IPC, having served 9 years, 6 months and 13 days, the petitioner had hoped for being released on first regular parole. However, vide order dated 29-3-2005, the Advisory Committee dismissed the case of the petitioner for parole. Hence this petition before this Court.

(2.) The brief facts of the case are that vide judgment dated 12-8-2004, the petitioner was convicted and sentenced for the above mentioned offences. As of 25-4-2007, the petitioner has served the sentences of period 9 years, 6 months and 13 days including remission. Since he was eligible under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (hereinafter to be referred as "Rules of 1958"), he had applied for his first regular parole. However, the Advisory Committee rejected his application ostensibly on the ground that the Superintendent of Police and the Social Welfare Officer have submitted adverse reports against the petitioner.

(3.) Mr. Lakhan Singh Tomar, the learned counsel for the petitioner, has vehemently argued that the adverse reports of the Superintendent of Police and the Social Welfare Officer are not based on any cogent investigation but are mechanical in nature. Therefore, the Advisory Committee should not have ipse dixit accepted these reports. Instead, they should have considered the report of the Superintendent, Central Jail, Ajmer as the reform undergone by the prisoners has occurred before his very eyes.