D.B. Cr. Parole Writ Petition No.4952/08 v. State of Rajasthan & Anr.

Mr. Shambhoo Singh, for the petitioner. Mr. JPS Choudhary, PP. <><><> The petitioner was convicted for offence punishable under Sections 366, 376 and 302 IPC in sessions case no.150/1987 by the court of Sessions Judge, Jodhpur. His Jail Appeal No.08/1990 was dismissed by this Court on 26th July, 1995. The petitioner has been sentenced to undergo live imprisonment and as per the reply filed by the respondent-State, the petitioner served the sentence of two years, four months, two days as he remained behind bar during trial for that period and, thereafter, he served the sentence after conviction for 18 years, 7 months and 6 days. He was granted remission of 4 years, 9 months and 14 days, therefore, by 24th July, 2008 the petitioner has served total sentence of 25 years, 8 months and 22 days including remission period of 4 years, 9 months and 14 days. As per the averment made in the petition during this D.B. Cr. Parole Writ Petition No.4952/08 Amara Ram @ Amariya Vs. State & anr. [ 2 ] period, the petitioner was released on parole for 20 days, 30 days and 20 days and the petitioner surrendered thereafter after completion of the parole period referred above. The petitioner already completed actual period of 14 years of sentence. The petitioner applied for premature release and that prayer was not considered in right perspective by the State Government and on petitioner's earlier D.B. Cr. Parole Writ Petition No.3817/2007, this Court vide order dated 3rd Sept., 2004 directed the State Government to decide the case of the petitioner within four weeks keeping in view the law laid down in the case of Dhula & Ors. Vs. State of Rajasthan reported in 2004 Cr.L.J. 423 and Mohan Lal Vs. State of Raj., decided on 17th July, 2003 in D.B. Cr. Parole Writ Petition No.4692/2002. The petitioner's case was again considered and was rejected by the State Government. Thereafter, the petitioner again approached the State Government for his release on parole. The petitioner's case was duly considered by the committee constituted under Rule 3 the committee recommended petitioner's release in the committee's report dated

24.1.2008 and detailed reasons have been given for allowing the petitioner's prayer. However, the State Government vide order dated 19th March, 2008 rejected the petitioner's case. D.B. Cr. Parole Writ Petition No.4952/08 Amara Ram @ Amariya Vs. State & anr. [ 3 ] The order dated 19th March, 2008 as a whole passed for several convicts has already been set aside by this Court in D.B. Cr. (Parole) Writ petition No.3952/2008 – Abdul Khan Vs. State of Rajasthan & Ors, decided on 28th July, 2008 and this court has already directed the State Government to consider the cases of all convicts referred in the order dated 19th March, 2008 including the petitioner and in view of the above reasons, this petition has become infructuous. However, the petitioner's case may be decided in the light of the decision given by this Court in D.B. Cr. (Parole) Writ petition No.3952/2008 – Abdul Khan Vs. State of Rajasthan & Ors, decided on 28th July, 2008. This court is seized with the another issue that some of the convicts are behind bars since more than 14 years and who may have earned benefit under the provisions of the Shortening of Sentence Rules or Premature Release Rules for which issue is under consideration in D.B. Cr. Parole Writ Petition No.4502/2008. The decided case of D.B. Cr. Parole Writ Petition No.4952/2008 shall be kept tagged with the D.B. Cr. Parole Writ Petition No.4502/2008. (C.M. TOTLA), J. (PRAKASH TATIA), J. c.p.Goyal/-