D.B. CIVIL WRIT (PAROLE) PETITION NO. 5477/2010 Prabhulal Versus State of Rajasthan Date of Order :: 28.07.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE KAILASH CHANDRA JOSHI By Post Mr. K.R. Bishnoi – Public Prosecutor This letter parole petition has been sent by Prabhulal S/o Kanhaiyalal lodged in the Central Jail, Jodhpur. As per the facts stated in the reply to the petition, the petitioner was convicted for offence under Section 302 IPC and sentenced for life imprisonment with fine vide judgment delivered by the Additional Sessions Judge, Chhabra (Bara) dated 19.07.1995. The petitioner has served total sentence of 22 years 10 months and 5 days as on 10.07.2010 including the jail and State remission of 6 years 9 months and 8 days. The petitioner, therefore, has served actual sentence of more than 14 years and on completion of sentence of more than 14 years, a convict's case can be considered for premature release. The petitioner's case was considered by the Government and it has been conveyed vide order dated 25.03.2010 that since the petitioner had no exemplary behaviour during serving the sentence and he murdered his own daughter and thrown her body near the houses of other persons, therefore, he cannot be released prematurely. We have perused the minutes of the Advisory Board meeting on premature release of the convicts. The Advisory Board considered the facts in detail including the fact that the petitioner committed murder of his own 6 years old daughter and he has been sentenced under Section 302 IPC. The petitioner's conduct was appreciated 5 times during his sentence period and he is doing all the works assinged to him regularly, however, there is allegation that he did not stop the leakage of ration and therefore, he was punished with not allowing any visitor to him for one month. The District Magistrate and the Superintendent of Police, Bara recommended for premature release of the petitioner, however, that recommedation has been rejected even after taking note of all these facts by one stroke of pen that the petitioner cannot be release prematurely because he committed murder of his own daughter. The reason given by the Parole Committee and as accepted by the Government for refusal of premature release to the petitioner cannot be said to be just and legal in view of the fact that the provisions for premature release have been made for the convicts and the offence which the convict has committed, if otherwise expressly not bars his release prematurely, then it itself cannot be a ground for refusal of premature release. In the facts of the case as referred above, it is clear that the petitioner's conduct was appreciated 5 times by the jail authorities themselves and he discharged his all duties assinged and if the petitioner failed to stop leakage and pilferage in the ration, then on this count he cannot be denied the benefit of premature release if he is otherwise entitled and we found him entitled for the said benefit in our opinion. In view of the above reasons, the respondent authorities are directed to pass appropriate order for premature release of the petitioner Prabhulal S/o Kanhaiyalal. [KAILASH CHANDRA JOSHI],J. [PRAKASH TATIA],J. Pramod Item No. 65