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1995 DIGILAW 503 (RAJ)

Mangilal v. State of Rajasthan

1995-05-23

M.P.SINGH

body1995
JUDGMENT 1. - List has been revised. Learned Government Advocate is not present in court. 2. The petitioner was convicted for the offence under Section 302 of the Indian Penal Code on 31.7.1976 and has been sentenced to life imprisonment. He is undergoing the sentence in the Central Jail, Kota. The relief claimed by him is that he may be released forthwith as he has become entitled for premature release. 3. His case has been forwarded by the Superintendent Jail, Kota vide letter dated 16.8.1994 as he has served ⅔ part of the sentence including the remission. The Advisory Board vide its order dated 28.7.1994 has recommended to the Government for his premature release. This fact has not been denied in the reply filed on behalf of the Government. 4. It was contended on behalf of the petitioner that under Rule 12 of the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, it is provided that on receipt of the proceedings of the Advisory Board, and other relevant papers, the Government shall order release of prisoner, having regard to all circumstances of the case. The accused may be released if there is no danger to the society by such a release. 5. Without expressing any opinion in the matter, I direct the respondent No. 1 to pass the final orders on the recommendation of the Advisory Board, in accordance with Rule 12 of the Rules, 1958 within a period of two weeks from the date of production of the certified copy of this order before it.With these observations, the petition is finally disposed of. *******