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2007 DIGILAW 306 (RAJ)

Pintu v. State of Rajasthan

2007-02-12

R.S.CHAUHAN, SHIV KUMAR SHARMA

body2007
JUDGMENT 1. - Convicted for offences under Section 376(2) of the Indian Penal Code, having served for five years and eleven months and eleven days of incarceration, the petitioner hoped for a brief freedom to be given to him under the Rajasthan Prisoner (Release on Parole) Rules, 1958 (henceforth to be referred to as the Rules of 1958", for short). However, vide order dated 26/31.10.2006 his hopes were dashed by the Advisory Committee, District Sawai Madhopur. Hence he has challenged the said order before this. 2. Vide judgment dated 28.6.2002, the Additional Sessions Judge (Fast Track), Gangapur City, District Sawai Madhopur convicted the petitioner for offence under Section 376(2) of the I.P.C., and sentenced him to life imprisonment. According to his prison record, he has served five years; eleven months and eleven days. Since he was eligible for his first regular parole under the Rules of 1958, he applied for the same. However, Vide order dated 26/31.10.2006, the Advisory Committee rejected his case. Hence; this petition before this. 3. Mr. Vaibhav Gehlot, the learned counsel for the petitioner has argued that in catena of cases repeatedly this had held that parole cannot be denied only on the basis of adverse report submitted by the police. Since reformative theory of punishment holds the fields, the level of reformation undergone by the prisoner during his incarceration is the most material fact. Therefore, the Advisory Committee has erred in rejecting his case on the basis of adverse report submitted by the police. 4. On the other hand, the learned Dy. Govt. Advocate Mr. M.L. Goyal has supported the impugned order. 5. We have heard both the learned counsels and have perused the impugned order. 6. Every one is born free. Freedom resides in the soul of each person. To be cribbed, cabined and confined within the strong walls of a prison, leads to a feeling of suffocation and restlessness. The era of dumping people in jail and forgetting about their existence is over. The new penal philosophy is not to incarcerate, but to reform the convicted prisoners. The aim of the prison administration is not just to punish, but to improve the convicted prisoner to the extent that he/she may be brought back into the society as a contributory member. It is with this aim that the Rules of 1958 were framed. The new penal philosophy is not to incarcerate, but to reform the convicted prisoners. The aim of the prison administration is not just to punish, but to improve the convicted prisoner to the extent that he/she may be brought back into the society as a contributory member. It is with this aim that the Rules of 1958 were framed. Rule 13 of the Rules of 1958 clearly states that grant of parole shall be used as an occasion to inculcate good behaviour among the convicted prisoners. In catena of cases, the Hon'ble Supreme has repeatedly pointed out that the purpose of parole is to instill good behaviour, to keep the family link alive and to ensure that the convicted prisoner is brought peacefully back into the society at large. Repeatedly this has also held that in order to know the change in the convicted prisoner, it is the report of the Superintendent of the Jail; which is most important. For, it is he who can inform the Advisory Committee about the change brought about in the prisoner. Therefore, an adverse police report is insignificant. Thus, the Advisory Committee was not justified in rejecting the petitioner's case on the basis of adverse police report and the report of the Social Welfare Officer. 7. In the result, we allow this appeal and quash and set aside the order dated 26/31.10.2006. The Superintendent of Central Jail, Bharatpur is directed to release Pintu son of Bajranglal on first regular parole for 20 days provided lo that the petitioner submits two sureties of 30,000/- each alongwith a personal bond of the same amount to the satisfaction of the Superintendent of Central Jail, Bharatpur. The petitioner is further directed to return to the Central Jail on the completion of 20 days from the date of his release from the prison. He is further directed to maintain peace and tranquillity during his parole period.Petition Allowed. *******