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2013 DIGILAW 2203 (RAJ)

Tasleem v. State of Rajasthan

2013-12-06

GOVIND MATHUR, P.K.LOHRA

body2013
JUDGMENT 1. A letter addressed to this Court by convict prisoner, Tasleem S/o Naseem Khan, by caste Pathan, resident of Muradabad, Uttar Pradesh, is treated as a petition for writ. 2. Briefly stated, facts of the case are that the Additional Sessions Judge, Khetri by judgment dated 11th August, 2000 convicted the convict prisoner for the offences punishable under Sections 396, 148, 342, 458, 397 and 398 IPC. The convict prisoner was awarded sentence to undergo life term imprisonment with fine inter alia. He has already served actual sentence for a term of 16 years, 06 months, and 13 days as on 31st October, 2013 excluding the jail remission for a period of 01 year, 03 months and 16 days. His case for grant of permanent parole, as per the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958'), was considered by the State Level Parole Committee in its meeting dated 05th February, 2013. The Committee refused for grant of parole by relying upon the adverse remarks made by the Senior Superintendent of Police, Muradabad and District Probation Officer, Muradabad. The Superintendent, Central Jail also did not recommend for release of the petitioner on parole in view of the fact that while availing first parole, he absconded and thereafter he was arrested after a lapse of 05 months and 11 days. As per the averments made in the letter written by the convict prisoner, he was not arrested, but reported to the police custody after lapse of 02 months only. Subsequent thereto his conduct was satisfactory and he was not subjected to any jail punishment. 3. We have perused the original jail ticket of the convict prisoner, which is available with learned Additional Government Advocate. 4. Convict prisoner was transferred to Central Jail, Jodhpur in the year 2006 consequent to a specific direction given by the Directorate of Prison, Government of Rajasthan. After availing first parole in the year 2007, convict prisoner did not report to the State custody and he was arrested by a police team of Police Station Udai Mandir, Jodhpur and he was subjected to jail punishment. However, subsequent thereto his conduct in jail is found satisfactory. After availing first parole in the year 2007, convict prisoner did not report to the State custody and he was arrested by a police team of Police Station Udai Mandir, Jodhpur and he was subjected to jail punishment. However, subsequent thereto his conduct in jail is found satisfactory. As already stated, convict prisoner has already served actual sentence for a period of more than 14 years, and as such, he is entitled to be considered for grant of permanent parole, however, the same has been denied to him mainly by relying upon adverse remarks made by the Senior Superintendent of Police, Muradabad and District Probation Officer, Muradabad. While making adverse remarks, these officers have not provided any reason. It is also pertinent to note that from last 16 years, the applicant is in prison and the crime for which he was convicted too was committed in the State of Rajasthan, as such we are of the view that no adequate reason could have been available with the Senior Superintendent of Police, Muradabad and District Probation Officer Muradabad for making adverse remarks in relation to grant of parole to the petitioner, Tasleem. 5. Having considered all the facts of the case, especially, looking to the jail conduct of the convict prisoner subsequent to 2007, we are inclined to grant this petition for writ. 6. Accordingly, this petition for writ is allowed. The respondents are directed to release the petitioner, Tasleem S/o Naseem Khan, on permanent parole provided he furnishes two sureties of Rs. 50,000/- each and a personal bond of the same amount to the satisfaction of Superintendent, Central Jail, Jodhpur.Petition allowed. *******