HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 941/2021
Allu @ Aleem S/o Aziz Khan, R/o Sanjaynagar Thana
Vigyannagar Dist. Kota
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Rajesh Kandwal, Amicus Curiae For Respondent(s) : Mr. Javed Choudhary, PP HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS Judgment / Order 24/08/2021 Heard. Perused the material available on record. The instant parole writ petition has been filed on behalf of the convict-petitioner seeking to assail the adverse recommendations drawn in the meeting of the District Parole Advisory Committee, Kota held on 24.02.2021 whereby the petitioner's application for first parole of 20 days has been rejected.
The Committee rejected the parole application of the convict- petitioner on the ground that as per the report of the District Superintendent of Police, Kota, there are as many as 14 criminal cases registered against the petitioner at different police stations and earlier, a case was registered against him for fleeing from police custody and thus, there is an apprehension of abscondance of the convict, in case, he is released on parole. (Downloaded on 25/08/2021 at 10:11:42 PM)
(2 of 3) [CRLW-941/2021] On a perusal of the reply filed by the respondents, we find that the criminal cases registered against the petitioner are almost seventeen years old. The case of absconding was registered in the year 2004 and he was re-arrested within a period of one month only. The convict-petitioner has suffered custodial period of more than eighteen years including remission.
Thus, considering the overall facts and circumstances of the case and in order to give the convict-petitioner one opportunity of reformation and reintegration into the society, we are inclined to extend indulgence of parole to him. Even otherwise, the apprehension that the convict will abscond, if he is released on parole, can very well be taken care of by requiring him to submit sound and solvent sureties and imposing appropriate conditions. Regarding the apprehension expressed in the reply that the accused has criminal antecedents, we deem it fit to impose a condition that he shall furnish an undertaking to the Superintendent Central Jail concerned that he shall keep peace and be of good behaviour while availing parole.
In this background, we are inclined to accept the instant parole writ petition which is hereby allowed. The adverse recommendations dated 24.02.2021 drawn in the meeting of the District Parole Advisory Committee, Kota are struck down qua the convict-petitioner and it is ordered that the convict Allu @ Aleem S/o Aziz Khan shall be released on first parole of twenty days upon his furnishing an undertaking to the above effect and a personal bond in the sum of Rs.1,00,000/- with two duly verified sound and solvent sureties of Rs.50,000/- each to the satisfaction of Superintendent Central Jail, Ajmer on the usual terms and conditions. The Superintendent, Central Jail, Ajmer shall be at (Downloaded on 25/08/2021 at 10:11:42 PM) (3 of 3) [CRLW-941/2021] 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
/Sudhir Asopa
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