Nanusingh vs State Of Rajasthan And Ors

Petitioner-convict has addressed a letter to the Registrar of this Court seeking first regular parole for 20 days and same is registered as a writ petition under Article 226 of the Constitution of India.

The facts, in brief, are that petitioner-convict was subjected to trial for offence under Section 302 IPC and upon conclusion of trial, learned Special Judge, SC/ST, Pratapgarh, indicted him for the charged offences and handed down sentence of life term imprisonment with fine of Rs.1,000/-, and in default of payment of fine to undergo 1 month's rigorous imprisonment. After undergoing the sentence of more than five years, petitioner applied for first regular parole of 20 days and the same was considered by District Level Parole Committee, Udaipur in its meeting dated 10.07.2018. However, the Committee by its decision dated 12.07.2018, declined prayer of the petitioner-convict on the ground that release of the petitioner will endanger his own life from two sons and the other persons of the village besides causing breach of public tranquility. It is noteworthy that the District Level Parole Committee has not at all taken into consideration the facts and circumstances, which were relevant and germane to the matter, including jail-conduct of the petitioner. Moreover, the so called reasons assigned in the order are not based on objective considerations.

State, in its reply, has admitted that petitioner-convict has served substantive sentence of more than five years and six months and if jail remission is included, it comes to more than five years and ten months. As regards the conduct of the petitioner, during incarceration, nothing adverse is reported against him.

In view thereof, upon consideration of the reply and the order passed by District Level Parole Committee, we are constraint to observe that the order declining first regular parole to the convict-prisoner is based on jejune ground, which is absolutely alien to the Rajasthan Prisoners (Release on Parole) Rules, 1958.

In view thereof, impugned decision dated 12.07.2018 is quashed and set aside qua the petitioner and petitioner-convict-prisoner Nanusingh, S/o Ramsingh, is directed to be released on first regular parole of 20 days from the date of his release, upon furnishing a personal bond of Rs.50,000/- with one surety of like amount to the satisfaction of competent jail authority.

It is needless to observe here that petitioner-convict shall surrender before the concerned jail authority after availing the parole of 20 days'.