SURENDRA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This parole petition has been submitted by accused convict Surendra @ Chhindra who is serving sentence in Central Jail, Sriganganagar. As per facts mentioned in the reply, the petitioner was convicted for offence under Sec. 302 and 302/34 Penal Code vide judgment and order dated 26.07.03 passed by the court of Additional Sessions Judge No.1, Hanumangarh in Sessions Case No. 2/02. He has already served sentence for 7 years 09 months and 06 days as on 10.7.08.

(2.) The first parole application of petitioner has been rejected vide order dated 23.5.08 after taking note of the fact that he did not avail the benefit of release on parole on earlier occasion. This is no ground for rejection of petitioner's parole application. Another ground is that in case petitioner is released on parole, it will give bad impression and further he may have vengeance for himself. These two grounds are not supported by any material and reason. It is mentioned in the order dated 23.5.08 (Annex.R/1) that petitioner has two houses in the local area, however, one of the co-accused is absconding and therefore, there is an apprehension that petitioner may also abscond.

(3.) In the facts and circumstances of the case, these grounds are not satisfactory grounds for refusing parole. Petitioner has already served sentence of seven years and he deserves to be given opportunity to re-establish himself in the society.