PREM SINGH Vs. STATE

JUDGEMENT

(1.) Learned counsel for the petitioner has shown the order passed by a Co-ordinate Bench of this Hon'ble Court in Narayan Lal vs. State and Ors. (S.B. Civil Parole Writ Petition No. 9577/2014) decided on 4/2/2015. The said order dtd. 4/2/2015 reads as follows:-

(2.) The convict-prisoner is seeking permanent parole upon which reply has been filed by the respondents. According to the reply submitted on behalf of the respondents, vide judgment dtd. 13/6/2013 passed by the learned Sessions Judge, Balotra in case No. 27/2012, the convict-prisoner was convicted for the offences under Ss. 363 and 376 of IPC and sentenced to undergo 10 years' rigorous imprisonment and a fine of Rs.15,000.00, in default whereof, to further undergo three years' imprisonment. It is also stated in the reply that till 31/12/2018, the convict-prisoner has served the sentence of 8 years, 05 months and 23 days. It is further admitted in para 5 of the reply that the convict-prisoner was granted first parole of 20 days from 19/6/2015 to 8/7/2015, 30 days from 20/9/2016 to 19/10/2016 and 40 days from 27/10/2017 to 5/2/2017. The convict-prisoner applied for permanent parole but the same has been denied.

(3.) Learned Public Prosecutor submitted that looking into the heinous crime, the parole application may be dismissed, but he is not in a position to refute the judgment of Narayan Lal (supra) as quoted hereinabove.