Kundan Singh vs State Of Rajasthan And Ors

The petitioner Kundan Singh has filed the instant writ petition seeking to assail the adverse recommendations (Annex.1) dated 06.07.2018 whereby the application for permanent parole submitted by the petitioner's father, the convict prisoner Shri Daulat Singh S/o Shri Hem Singh, who is at present serving life sentence at the Open Air Camp Udaipur, was rejected.

Learned Counsel Shri K.R. Bhati representing the petitioner vehemently and fervently urged that the convict has suffered actual imprisonment of 14 years, 6 months and 17 days and he earned remission of nearly 3 years and thus, he has become entitled for release on permanent parole in terms of Rule 9 of the Rajasthan Prisoners Released on Parole Rules, 1958. He points out that the application for permanent parole filed by the convict was rejected for the sole reason that he absconded from the Open Air Camp, Udaipur for a period of two days from 18.12.2016. He drew the Court's attention to the order dated 09.04.2018 passed by the Division Bench in D.B. Criminal Writ No.76/2018 : Daulat Singh vs State of Rajasthan, whereby the said abscondance of two days attributed to the convict has been considered to be a trivial infraction of the Rules and the convict who had been sent to the Central Jail was ordered to be transferred once again to Open Air Camp, Udaipur. Shri Bhati thus, urges that the denial of the opportunity to avail permanent parole on the basis of this trivial infraction which has been virtually diluted by virtue of above order dated 09.04.2018 is totally unjustified. He thus, craves acceptance of the writ petition and seeks a direction to the respondent authorities to release the convict-prisoner Daulat Singh on permanent parole.

Shri Farzand Ali, AAG representing the respondents has vehemently and fervently opposed the submissions advanced by the petitioner's Counsel. He urged that the conduct of absconding has rendered the prisoner ineligible for grant of permanent parole. On this ground, he sought dismissal of the writ petition. However, he does not dispute the fact that other than the above adversity, there is no dispute regarding entitlement of the convict to be released on permanent parole.

Thus, the fulcrum of the entire controversy hinges on the issue whether the period of abscondance of two days can be considered to be an impediment in the way of the convict to be released on permanent parole. Suffice it to say that while considering the above mentioned writ petition No.76/2018 filed by the convict, this Court has held that the infraction was trivial and reversed the order whereby on the very same ground, the convict was transferred from the Open Air Camp to Central Jail. The convict was sent back to the Open Air Camp.

In view of the admitted fact that the trivial infraction has been virtually been effaced by order dated 09.04.2018 for the purpose of dealing with the prisoner under the Rajasthan Prisoners Open Air Camp Rules,1972, we feel that it deserves to be eschewed from consideration while considering the case of the convict for release on permanent parole as well. The conduct of the convict in prison for a long significant period of 14 years has been good and on the strength thereof, he has earned three years' remission. Thus, this good conduct cannot be allowed to be washed off by a trivial breach in the nature of two days' abscondance.

In this background, we feel that the jail authorities were not justified in rejecting the application of permanent parole filed by the convict prisoner Daulat Singh. Thus, the impugned recommendations (Annex.1) dated 06.07.2018 are hereby quashed and set aside qua the convict Daulat Singh. It is directed that the petitioner's father, convict Daulat Singh S/o Shri Hem Singh shall be released on permanent parole upon furnishing a personal bond in the sum of Rs.1,00,000/- and two sureties in the sum of Rs.50,000/- each to the satisfaction of Superintendent, Central Jail, Udaipur. The Superintendent, Central Jail, Udaipur shall be at liberty to impose other adequate and reasonable conditions.

The writ petition is allowed accordingly.