Prior to the order of this Court in Subash Chander supra , on 06.03.1999 and 12.05.2000, the appellant herein was allowed regular parole of 20 days and 30 days respectively by the Parole Advisory Committee and, accordingly he availed the same.
The State also filed appeals before this Court for quashing the order of acquittal of one accused person and for awarding death sentence to the companyvicted persons.
During the period from 2001 2010, the appellant tried for third regular parole for 40 days by filing various applications but the same were number companysidered.
Aggrieved by the order of companyviction and death sentence, the appellant along with other accused persons filed appeals before the High Court.
815 816 of 1999 before this Court praying for setting aside the order of acquittal and awarding of death sentence to the companyvicted persons as was done by the trial Court.
Application No.
This Court, in the abovesaid appeals, by judgment dated 29.03.2001, companyfirmed the companyviction and sentence awarded to the accused persons by the High Court and held that the imprisonment for life awarded to the appellant herein shall be the imprisonment in prison for the rest of his life and he shall number be entitled to any companymutation or premature release under Section 401 of the Code of Criminal Procedure, 1973 in short the Code , Prisoners Act, Jail Manual or any other Statute and the Rules made for the purposes of grant of companymutation and remissions.
The accused persons also filed two sets of appeals bearing Criminal Appeal Nos.
The said order was challenged by the companyplainant respondent No.2 herein by filing an application being D.B. Civil Misc.
93 of 2010 in DB Criminal W.P. No.
Against the orders dated 06.10.2010 and 06.04.2011, the appellant has filed these appeals by way of special leave before this Court.
817 818 of 1999 and Criminal Appeal Nos.
Brief facts The appellant herein was an accused in a murder case along with 11 accused persons.
Aggrieved by the same, the appellant herein moved the High Court by filing an application being D.B. Criminal Parole No.
reported in 2001 4 SCC 458 and also against the final order dated 06.04.2011 by which the petition filed by the appellant herein was dismissed as having rendered infructuous.
Application No.
Aggrieved by the orders dated 26.05.2010 and 12.08.2010 passed by the High Court and the Parole Advisory Committee respectively, the Complainant respondent No.2 herein filed an application being Civil Misc.
812 814 of 1999 and Criminal Appeal Nos.
Challenging the order of the High Court, the companyplainant respondent No.2 herein filed two sets of appeals bearing Criminal Appeal Nos.
The High Court, by impugned order dated 06.10.2010, issued show cause numberice to the appellant herein and the State Government and also held that the appellant shall number be released on parole or otherwise as ordered by this Court in the case of Subash Chander supra .
The High Court upheld the companyviction of all the companyvicted persons including that of the appellant herein but companymuted the death sentence to imprisonment for life.
Considering the earlier order of this Court dated 29.03.2001 in Subash Chander supra , the High Court rejected the 3rd application filed by the appellant for parole.
The trial Court companyvicted all the accused persons except one for the offences under Section 302, 307, 148, 450 read with Sections 149 and 120B of the India Penal Code, 1860 in short IPC and sentenced them to death.
93 of 2010 before the High Court.
819 820 of 1999 before this Court praying for their acquittal by setting aside the companyviction and sentence awarded to them by the trial Court and the High Court.
2982 of 2010.
2982 of 2010 before the High Court for reconsideration of the order dated 26.05.2010 and for quashing the order dated 12.08.2010 passed by the Parole Advisory Committee.
Vide order dated 12.08.2010, the Advisory Committee released the appellant herein on parole on 18.08.2010 for 40 days.
Sathasivam, J. Leave granted.
These appeals are directed against the order dated 06.10.2010 passed by the High Court of Judicature for Rajasthan at Jodhpur in Writ Petition Parole No.
The High Court by order dated 26.05.2010, directed the Parole Advisory Committee for companysidering the case of the appellant.
After the reply of the appellant herein, the High Court, by final order dated 06.04.2011 dismissed the petition filed by the appellant herein as having rendered infructuous.
