HIRA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Convicted for an offence under Section 302, I. P. C., having served for 5 years and 6 months of incarceration, the petitioner hoped for a brief freedom to be given to him under the Rajasthan Prisoner (Release on Parole) Rules, 1958 (henceforth to be referred to as "the Rules of 1958", for short). However, vide order dated 19-6-06 his hopes were dashed. Hence he has challenged the said order before this Court.

(2.) Vide judgment dated 30-9-02, the Addl. District Judge (Fast Track) Jhunjhunu convicted the petitioner for offence under Sections 302 and 498-A of the I. P. C., and sentenced him to life imprisonment. According to his prison record, he has served 5 years, 9 months and 27 days till 14-11-06. Since he was eligible for his first regular parole under the Rules of 1958, he applied for the same. However, because of an adverse report submitted by the Superintendent of Police, Jhunjhunu, vide order dated 17-6-06, the Advisory Committee rejected his case. Hence, this appeal before this Court.

(3.) Mr. Anshuman Saxena, the learned counsel for the petitioner has argued that in catena of cases repeatedly this Court had held that parole cannot be denied only on the basis of adverse report submitted by the police. Since reformative theory of punishment holds the fields, the level of reformation undergone by the prisoner during his incarceration is the most material fact. Therefore, the Advisory Committee has erred in rejecting his case on the basis of adverse report submitted by the police.