Smt Pushpa Devi vs State of Rajasthan And Ors

Heard. Perused the material on record.

The present criminal writ petition has been filed by the petitioner - Smt. Pushpa Devi who is wife of the convict-prisoner - Kanaram @ Kishan for his release on permanent parole. The convict-prisoner is presently lodged in Open Air Camp, Bichwal under Central Jail, Bikaner and is undergoing imprisonment for life in pursuance of the Judgment dated 29.11.2003 passed by the Additional Sessions Judge (Fast Track), Rajsamand in Sessions Case No. 44/2003. The said judgment has attained finality as the S.L.P. filed against the same has since been dismissed by the Hon'ble Supreme Court.

The convict-prisoner has undergone nearly 16 years of substantive imprisonment and has earned sufficient remission so as to entitle him to be considered for permanent parole.

Reply has been filed by the respondent - State wherein, it has been stated that the case of the convict-prisoner was considered for grant of permanent parole by the State Level Parole Committee in its meeting held on 12.01.2019 but the same was rejected on the ground that the report received from the Superintendent of Police, Rajsamand was indicating that the convict-prisoner is of criminal nature and there is feeling of animosity in the victims' family and therefore, it will not be proper to release the convict-prisoner on permanent parole. The report of the Social Justice & Welfare Department also does not favour release of the convict-prisoner on permanent parole. The State Government has concurred with the decision of the Committee while passing the Order dated 07.03.2018 whereby the case of the convict-prisoner for grant of permanent parole was rejected.

We have given our thoughtful consideration to the entire matter and we are of the view that the rejection of the case of the convict-prisoner for grant of permanent parole by the State Level Parole Committee was without any basis and foundation. There were no reports to the effect that the convict-prisoner will repeat the offence or the victims' side is having any enmity which still persists even after expiry of nearly 16 years from the date of incident. In our view, the rejection of the case of the convict-prisoner is not just and proper and therefore, the present criminal writ petition deserves acceptance.

Accordingly, the criminal writ petition is allowed. The Order dated 07.03.2018 as well as decision of the State Level Parole Committee dated 12.01.2018 qua the convict-prisoner are set aside. The Superintendent, Central Jail, Bikaner is directed to release the convict-prisoner - Kanaram @ Kishan S/o Teja from prison on permanent parole forthwith, if not wanted in any other case, on his furnishing a personal bond in the sum of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the Superintendent, Central Jail, Bikaner with the usual condition enshrined in Rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958 and as may be prescribed by the concerned Superintendent of Jail.