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2019 DIGILAW 2536 (RAJ)

Nahar Singh v. State of Rajasthan

2019-09-19

SANGEET LODHA, VINIT KUMAR MATHUR

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JUDGMENT 1. This petition has been filed by the petitioner, a life convict, seeking permanent parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (Rules of 1958). 2. Admittedly, the petitioner/convict has already undergone actual sentence of more than seventeen years. He was released on first parole for a period of twenty days. It is not disputed before us that during the period, the petitioner was availing parole of twenty days, his conduct was satisfactory. 3. A perusal of decision of the State Level Parole Committee dated 18.12.2018 reveals that permanent parole has been denied to the petitioner solely on the ground that he remained absent from workshop and did not discharge the duties assigned. 4. It is submitted that on account of absence from workshop, the petitioner has been awarded remission only for a period of four months and fourteen days during the period he was undergoing the sentence. However, it is not a case of the respondent that during parole, the petitioner has conducted himself in the manner suggesting that he is likely relapsed in to crime. 5. As per Rule 9 of the Rules of 1958, if during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the State Committee for permanent parole. 6. The petitioner has availed only first parole and during the period he was availing the first parole, his conduct was not found such indicating that he is likely to relapse in the crime. There is no material placed on record that the petitioner is habitual offender. 7. In this view of the matter, we are of the opinion that rejection of petitioner's prayer for permanent parole solely on the ground of his absence from workshop, is not justified. 8. Accordingly, the criminal writ petition is allowed. The order dated 24.01.2019 as well as decision of the State Level Parole Committee dated 18.12.2018 qua the convict-prisoner, are set aside. The Superintendent, Central Jail, Udaipur is directed to release the convict-prisoner- Nahar Singh S/o Mod Singh, from prison on permanent parole, 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. The Superintendent, Central Jail, Udaipur is directed to release the convict-prisoner- Nahar Singh S/o Mod Singh, from prison on permanent parole, 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, Udaipur, 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.