Court exercises discretion under Rajasthan Prisoners Release on Parole Rules, 1958, allowing parole despite prior absconding incident.
In a significant decision, the Rajasthan High Court has granted parole to Bhuriya alias Jagdish, a life-imprisoned convict, acknowledging his extensive incarceration period following an escape from an Open Air Camp. The judgment, delivered by Justices Vinit Kumar Mathur and Chandra Shekhar Sharma, emphasizes the discretionary powers of courts under the Rajasthan Prisoners Release on Parole Rules, 1958.
Bhuriya alias Jagdish, convicted under Sections 302 and 392 of the Indian Penal Code, had been serving a life sentence since 2013. Despite completing over 17 years of imprisonment, his parole request was initially denied by the District Parole Committee, citing his absconding from an Open Air Camp in 2019.
The legal team for the petitioner, led by Mr. Chirag Khatri, argued that the petitioner had served a substantial portion of his sentence, including remission, and was eligible for parole under the 1958 Rules. The defense highlighted that the petitioner's time on the run was followed by nearly six years of continued incarceration, warranting a favorable reconsideration for parole.
In opposition, Mr. Deepak Choudhary, representing the State, contended the parole ineligibility due to the escape, as per Rule 14 of the 1958 Rules. However, the court noted the qualifying terms "ordinarily" and "unless" in Rule 14, which allow for judicial discretion based on the case's specific facts and circumstances.
The court, acknowledging the petitioner's substantial post-escape incarceration and overall time served, found merit in the parole application. Consequently, the court ordered Bhuriya alias Jagdish's release on a 20-day parole upon furnishing a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each, with additional conditions to ensure his return to custody post-parole.
This decision underscores the judiciary's role in balancing the strictures of parole eligibility with the rehabilitative prospects for long-term convicts, signaling a nuanced approach in the application of parole rules.
Bottom Line:
Parole Rules - Convict absconding from Open Air Camp - Rule 14 of Rajasthan Prisoners Release on Parole Rules, 1958 is qualified by terms "ordinarily" and "unless" - Courts have discretion to consider facts and circumstances of the case even if convict is otherwise ineligible under Rule 14 - Convict undergoing incarceration for a substantial period after absconding can be considered for parole.
Statutory provision(s): Rajasthan Prisoners Release on Parole Rules, 1958, Rule 14
Bhuriya Alias Jagdish v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc id # 2887177
