ASHANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts of the case, in brief, are that petitioner Ashanand was convicted under Sec. 302 of the I. P. C. for life imprisonment and is serving the sentence. THE petitioner moved an application for his release on first regular parole to the Superintendent, Central Jail, Kota under the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as"the Rules of 1958" ). THE application was forwarded to the authorities for their comments. THE Superintendent of Police, Kota City and Social Welfare Officer recommended the parole of the petitioner. However, the Jail Superintendent had given negative report and has opposed the petitioner being released on parole. THE application of the petitioner was considered by the District Parole Advisory Committee. THE Advisory Committee dismissed the petitioner's application for grant of parole on the ground that, although the Superintendent of Police, Kota and Social Welfare Officer has re-commended for grant of parole to the petitioner but the same is opposed by the Superintendent Jail and, therefore the application is dismissed. It is admitted by the State that the petitioner's application for grant of parole was recommended by the Superintendent of Police and the Social Welfare Officer, and also that he has served one fourth of his sentence. THE application was not put before the District Magistrate for the purposes of recommendation because the District Magistrate is the Chairman of District Parole Advisory Committee.

(2.) IT is submitted by the counsel for the petitioner that the petitioner is entitled for grant of first parole as of right for twenty days, he having under gone one fourth of the sentence whereas it is submitted by the counsel for the State that the petitioner's conduct is not good in jail and, therefore, he is not entitled for parole as claimed as of right.

(3.) THE Superintendent of Jail is directed to consult the District Magistrate in regard to his recommendation to be made to the District Parole Advisory Committee in the matter of petitioner within fifteen days from the placement of this order and recommend the matter to the District Parole Advisory Committee. After the receipt of such recommendation, the District Parole Advisory Committee shall consider the case of the petitioner afresh on the basis of the recommendations made in the next meeting of District Parole Advisory Committee and will pass necessary order in that regard.