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Rajasthan High Court · body

1996 DIGILAW 1410 (RAJ)

Patram v. State of Rajasthan

1996-12-16

GYAN SUDHA MISRA, RAJENDRA SAXENA

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Honble SAXENA, J. – A reply has been filed on behalf of the non-petitioners. (2). Heard. Perused the relevant record. The petitioner-Patram was convicted by the learned Additional Sessions Judge, Gangapur City, by his judgment dated 7.2.76 passed in Sessions Case No. 158/74 for the offence u/s. 302/149 IPC and sen- tenced to life imprisonment and a fine of Rs. 100/-, in default of payment of fine further undergo R.I. for one month. He was also convicted for the offences u/ss 147/307 & 323 IPC and sentenced to R.I. for 1 1/2 years, 3 years and six months respectively. (3). Initially he was undergoing sentence in Central Jail, Jaipur, but since he hailed from District-Murena, at his own request he was transferred to Central Jail, Gwalior. As per reply filed by the non-petitioners; as on 30.9.96 the petitioner had already suffered sentence for a period of 11 years, 8 months and 14 days. He had also earned remission of 4 years 5 months and 19 days. Thus on 30.9.96, he had already undergone sentenced for a total period of 14 years 9 months and 28 days. The petitioners case for premature release was considered by the Madhya Pradesh Government but keeping in view the Madhya Pradesh Prisoners (Shortening of Sentence) Rules his request for premature release was rejected by the Govt. of Madhya Pradesh vide their Order dated 1.3.96 Annexure R/1. (4). Admittedly the offence was committed in Rajasthan. The petitioner was also tried, convicted and sentenced by the learned Additional Sessions Judge, Gangapur City. Therefore for the purpose of his shortening of sentence and premature release, the provisions of Rajasthan Prisoners (Shortening of Sentence) Rules, 1958 shall apply. As per reply filed by the non-petitioners, the relevant record for considering his case for shortening of sentence and premature release has already been called from Central Jail, Gwalior and the reports of the concerned District Magistrate and Superintendent of Police will also be called and his case will be placed before the Advisory Board in the next meeting. (5). We, therefore, direct the non-petitioners to send for the reports of the concerned District Magistrate and Supdt. (5). We, therefore, direct the non-petitioners to send for the reports of the concerned District Magistrate and Supdt. of Police immediately and to place the case of the petitioner before the Advisory Board for consideration of his shortening of sentence and or premature release under the Rajasthan Prisoners (Shortening of Sentence) Rules, 1958 within a period of three months from the date of receipt of this order and the Advisory Board shall passe necessary orders in accordance with law. If the petitioners case is not considered within the aforesaid period then the petitioner shall be at liberty to move fresh Habeas Corpus Writ Petition. (6). With these observations, this petition stands disposed of. A copy of this order be also sent to the Home Commissioner, Government of Rajasthan, Jaipur, for information and compliance.