MAHAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CRIBBED , cabined and confined for over six years within the four walls of the Central Jail, Bharatpur, the petitioner wanted to breath the fresh air outside the jail and had applied for his first regular parole under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (hereinafter to be referred to as 'Rules' of 1958'). However, the Advisory Committee in its meeting held on 22.03.2007 rejected his case for parole obstangly on the ground that the Superintendent of Police has submitted an adverse report against the petitioner. Hence this petition before this Court.

(2.) THE brief facts of the case are that the petitioner was convicted for offences under Sections 302 and 307/149 IPC by the Additional Sessions Judge (Fast Track) No. 1, Bharatpur and was sentenced to life imprisonment. As on 30.04.2007, the petitioner had completed a period of 6 years, 5 months and 21 days of incarceration including Jail and State remission. Since he had completed more than 1/4th of his sentence, and his conduct in the jail was good, he had applied for his first regular parole under Rule 9 of the Rules of 1958. As stated above, his case was considered by the Advisory Committee in its meeting on 22.03.2007. However, notwithstanding the favourable report of the Superintendent, Central Jail, the Advisory Committee has rejected his case on the ground that the Superintendent of Police has submitted an adverse report.

(3.) ON the other hand, Mr. M.L. Goyal, Deputy Government Advocate, has argued that the petitioner was tried along with two other co -accused persons namely Vijay Singh and Shiv Singh. Both the co -accused persons were granted parole. However, neither of these two persons have returned to the jail and are absconding. Therefore, the petitioner should not be granted parole as he is also likely to abscond.