Sheela Devi vs State Of Rajasthan And Ors

In compliance of order dated 12.11.2018, learned counsel for the respondent-State has produced letters of Delhi and Madhya Pradesh Police, which may be taken on record.

Heard.

Smt. Sheela Devi, wife of convict-prisoner Ashok Singh, has laid this petition for seeking permanent parole of her husband, who is convicted for offence under Section 302/149, 396, 120-B, 449, 412, 201 IPC by Additional Sessions Judge No.1, Bhilwara by its judgment dated 07.02.2007 and handed down sentence of life term imprisonment.

Precisely, for claiming permanent parole, petitioner has urged that convict-prisoner Ashok Singh has already undergone sentence of more than 14 years and during his incarceration nothing adverse about his conduct is reported by the jail authorities. Earlier an endeavour was made by the convict-prisoner for seeking permanent parole and his case was considered by the State Level Parole Committee in its meeting dated 25.07.2018. The State Level Parole Committee, upon examining the case of prisoner, has declined prayer for permanent parole solely on the ground that he was involved in heinous offences and not a resident of the State.

On behalf of respondent-State, reply is submitted wherein it is very candidly admitted that convict-prisoner has already served substantive sentence of more than 14 years as on 30.09.2018 and if jail remission is included then he has served sentence for more than 17 years and four months. A bare perusal of reply, also makes it abundantly clear that there is no whisper about the jail-conduct of the convict-prisoner.

We have heard learned counsel for the parties and also perused order dated 30.08.2018, passed by State Level Parole Committee.

Having regard to the facts and circumstances of the case, we are of the view that the State Level Parole Committee has not examined the case of the convict-prisoner objectively for grant of permanent parole. The reasons, which are forthcoming from the order for denial of permanent parole are based on mere ipse dixit of the members of the Committee.

In view thereof, considering the long duration of incarceration of the convict-prisoner, in our view, order passed by State Level Parole Committee qua the convict-prisoner cannot be sustained and consequently same is quashed and set aside and the matter is remanded back to the State Level Parole Committee for considering case of the convict-prisoner afresh for grant of permanent parole, strictly in accordance with law, within a period of six weeks.

The petition stands disposed of accordingly.