MANOHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner, who is serving out sentence consequent upon his conviction for offence under Section 302, 304/34, 120-B and 201 IPC by Additional Session Judge No. 2, Jhunjhunu, District Jhunjhunu in Sessions Case No. 41/2012 (28/2012) (45/2012) CIS No. 1154/2014 vide judgment dated 11.04.2017. The appeal against the said judgment is still pending before this Court. Since the petitioner has completed more than one fourth of his sentence, he applied for grant of first regular parole, which has been declined by the District Parole Advisory Committee, Jhunjhunu (for short 'the District Parole Advisory Committee') in its meeting dated 15.11.2017 and order in this regard was passed on 17.11.2017 only on the ground of adverse reports of Superintendent of Police, Jhunjhunu and Social Justice and Empowerment Department, Jhunjhunu.

(2.) Learned counsel for the petitioner submits that the petitioner has been declined regular first parole by District Parole Advisory Committee on the ground that Superintendent of Police, Jhunjhunu and Social Justice and Empowerment Department, Jhunjhunu in their reports indicated that petitioner has been convicted for murder of his brother and if he is released on parole, there can be threat of life to the witnesses of the case as also any untoward incident may take place. It is argued that aforesaid reports are based on apprehension only and the petitioner ought not to have been declined grant of parole on that ground. It is contended that aforesaid reports suffer from non-application of mind. It is, therefore, prayed that the impugned order dated 17.11.2017 qua the petitioner be set aside and petitioner may be granted regular first parole of 20 days.

(3.) Learned Additional Advocate General opposed the parole petition and submitted that District Parole Advisory Committee has considered case of the petitioner on the basis of adverse reports of Superintendent of Police, Jhunjhunu and Social Justice and Empowerment Department, Jhunjhunu, which are based on proper application of mind.