SUMAN DEVI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The petitioner's brother Hardat Singh son of Shri Mahendra Singh and mother Smt. Santosh Devi were convicted for the offences under Sections 498A and 304B IPC and sentenced to imprisonment for life by the learned Additional District and Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 09.11.2012. The appeal against conviction preferred by the convicts has been dismissed by this Court vide judgment dated 03.10.2018. Having completed more than 8 years of sentence including permissible remissions, the convict Hardat Singh prayed for pre-mature permanent parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958"). However, his application for permanent parole was not recommended by the State Government which dismissed the case of the convict vide communication dated 14.09.2018. Accordingly, the petitioner, being the sister of the convict, has approached this Court by way of the instant writ petition seeking to assail the impugned adverse recommendations and praying for a direction to release the convict prisoner on permanent parole for the remainder of his period of sentence by virtue of Rule 9 of the Rules of 1958.

(3.) The respondents have filed a reply to the parole writ petition admitting that the work performance and conduct of the prisoner in jail are satisfactory and above board. However, observing that the prisoner has been convicted for the offence of dowry death of his wife within a period of seven years from their marriage and since, the offence comes within the category of a heinous one, the permanent parole application of the prisoner was rightly rejected by the State Government vide recommendations dated 14.09.2018.