Rajasthan High Court Orders Premature Release of Convict Serving Life Sentence

Advisory Committee's Rejection Found Unsustainable; State Government Directed to Release Convict on Usual Terms

In a significant ruling, the Rajasthan High Court has directed the premature release of Rajmal, a convict serving a life sentence for the murder of his mother, under the Rajasthan Prison (Shortening of Sentences) Rules, 2006. The decision was made by a division bench comprising Mr. Vinit Kumar Mathur and Anuroop Singhi, JJ., in D.B. Criminal Writ Petition No. 2351 of 2025, dated September 18, 2025.

Rajmal, who has served over 14 years of actual imprisonment, had earned jail remissions amounting to 2 years, 9 months, and 24 days, alongside a state remission of 2 years. Despite meeting the eligibility criteria under Rules 8, 11, and 12 of the Rajasthan Prison (Shortening of Sentences) Rules, 2006, the Advisory Committee had earlier rejected his application based on presumed societal disturbance and potential threats to family members.

The High Court found the Advisory Committee's rejection unsustainable, emphasizing that the conduct of the convict was presumed good due to the earned remissions and the absence of adverse reports from jail authorities. The court noted that the rejection was based on a presumption rather than plausible and convincing reasons supported by a concrete foundation.

The State Government was already inclined towards granting permanent parole to Rajmal, but he was unable to provide the necessary sureties and personal bond, preventing his release. The court observed that both of Rajmal's brothers reside outside Rajasthan - one in Mumbai and the other in Karnataka - and his three sisters are married, further undermining the Advisory Committee's concerns about societal disturbance.

In light of these observations, the court directed the State Government to proceed with Rajmal's premature release under usual terms and conditions. This decision underscores the importance of objective assessments in the consideration of premature release applications, ensuring that they are not unduly influenced by unfounded presumptions.

Bottom Line:

Premature release of a convict sentenced to life imprisonment under Section 302 IPC can be considered under Rajasthan Prison (Shortening of Sentences) Rules, 2006 if the convict has served an actual imprisonment of more than 14 years and earned remission as per the prescribed criteria. 

Statutory provision(s): Section 302 IPC, Rajasthan Prison (Shortening of Sentences) Rules, 2006

Rajmal v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2782341