KAPUR SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This writ petition under article 226 of the Constitution has been filed by the father Kapoor Singh against the State of Rajasthan, IG (Prisons) Rajasthan and Superintendent Central Jail, Jaipur respondents for issue of a writ directing premature release of his son Darshan Singh presently serving a life term in the Open Air Jail, Sanganer.

(2.) It is the common case of the parties that the said Darshan Singh after he was sentenced to imprisonment for life for commission of an offence under section 302 Penal Code some time in the year 1982 had served fourteen years of imprisonment by the time his case came up for consideration for premature release before the Advisory Board in its meeting held on 18.12.96 when, as the reports of the District Magistrate and Superintendent of Police Alwar were against him, the Advisory Board did not recommend his premature release leading to the filing of this writ petition.

(3.) The petitioner has stated in his petition that though his son the said Darshan Singh had served out more than fourteen years of sentence, and during this period he had been released on parole for varying periods eight times, three of which were regular paroles as detailed in para 6 of this writ petition and though keeping in view his excellent record and good behaviour he had been shifted to the Open Air Jail Sanganer some time in 1995, which was a half way house to freedom, the Advisory Board all the same did not recommend his premature release so in these circumstances as there was no reason, much less cogent reason, for not prematurely releasing him the act of the respondents in not prematurely releasing him was untenable hence a writ deserves to be issued for his premature release by this Court.