HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 983/2021
Sunil Kumar Jatav S/o Shri Ghashi Ram Jatav, R/o 11246/47 Gali
No. 03 Tota Wali Gali Ed-Ghah Road P/s Sadar Delhi -55 (Delhi
Metro) At Present Confined In Central Jail Bikaner Through His
Mother Smt. Heero Devi W/o Ghashi Ram Jatav Aged About 61
R/o 11246/47 Gali No. 03 Tota Wali Gali Ed-Ghah Road P/s Sadar
Delhi -55 (Delhi Metro)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Prison
Jaipur
2. The Dist. Parole Advisory Committee, Through The Dist.
Magistate Bikaner
3. The Superintendent, Central Jail Bikaner
----Respondents
For Petitioner(s) : Mr. B.R. Choudhary
For Respondent(s) : Ms. Alka Bhatnagar, AGA
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment
16/08/2021
The instant writ petition has been preferred by the convict petitioner Sunil Kumar Jatav S/o Shri Ghashi Ram Jatav for assailing the recommendations dated 12.05.2021 whereby, the application for first parole of seven days preferred on behalf of the petitioner under Rajasthan Prisoners Release on Parole Rules, 1958, has been dismissed by the learned District Magistrate, Bikaner.
We have heard and considered the submissions advanced by learned counsel for the petitioner and have gone through the adverse recommendations and reply of the respondents. The convict petitioner has suffered imprisonment of more than 12 and (Downloaded on 17/08/2021 at 10:16:36 PM) (2 of 2) [CRLW-983/2021] a half years till date. As per the reply of the respondents, the accused petitioner absconded from the Open Air Camp, Beechwal in the year 2011 and was rearrested on 16.08.2017 and since then, he has in custody. His application for seven days parole under Rajasthan Prisoners Release on Parole Rules, 1958 has been dismissed on the ground that the petitioner has been convicted for a serious offence and his release on parole may be prejudicial to the convict himself. Be that as it may. As per the verification report received from the Dy. Commissioner of Police North Delhi, the family members of the convict are permanent residents of Totawali Gali, Eidgah Road, Sadar Police Station, New Delhi.
In this background, we feel inclined to grant one more opportunity to the appellant to reform himself and to reintegrate in society while granting him parole of seven days under Rajasthan Prisoners Release on Parole Rules, 1958.
Accordingly, the writ petition is allowed. It is hereby directed that the petitioner Sunil Kumar Jatav S/o Shri Ghashi Ram Jatav shall be released on parole of seven days upon his furnishing a personal bond in the sum of Rs.2,00,000/- and two sound and solvent and duly verified sureties of Rs.1,00,000/- each to the satisfaction of the Superintendent Central Jail, Bikaner on usual terms and conditions. The Superintendent, Central Jail, Bikaner shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
46/-Devesh/-
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