HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 783/2020
Sukhdev Singh S/o Shri Succha Singh, R/o Sahsan, PS Jurhara,
Distt. Bharatpur Raj. (At Present Confined In Central Jail Sewar,
Bharatpur Raj.)
Through His Brother Bhagwant Singh S/o Shri Succha Singh,
Aged About 20 Years, R/o Sahsan, PS Jurhara, Distt. Bharatpur
Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Of Prisons
Directorate Prisons Ghatgate Jaipur
2. Dist. Parole Advisory Committee, Through The Dist.
Magistrate Bharatpur Raj.
3. Superintendent, Central Jail Sewar Bharatpur Raj.
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. N.S. Gurjar, Public Prosecutor HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 01/02/2021 This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the petitioner be released on regular third parole for 40 days.
Learned counsel for the petitioner submits that the petitioner was convicted by the trial court vide judgment dated 17.05.2017 for the offence under section 148, 302, 326/149, 324/149 IPC and 3/25 Arms Act and sentenced to undergo life imprisonment. He further submits that the petitioner has served about 8 years of sentence. Thus he has served a substantive part (Downloaded on 08/02/2021 at 10:01:49 PM) (2 of 3) [CRLW-783/2020] of his sentence. He further submits that the conduct and behavior of the petitioner in jail has been good and unblemished. There is no complaint against him by the authorities concerned and therefore, he is entitled for third regular parole of 40 days under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958.
A reply has been filed. It has been stated in the reply that the petitioner's conduct was not satisfactory. He didn't work as alloted to him in the month of March 2019, May 2019 to Aug, 2019 and October 2019 to December 2019 and remained absent from Udyogshala. Social Justice and Empowerment Department and Superintendent Central Jail Bharatpur have not recommended for grant of parole to the petitioner. If the petitioner is released on parole, an untoward incident may take place.
Heard learned counsel for the parties and carefully perused the record.
Needless to say that in case the petitioner engages himself in any untoward incident during third regular parole of 40 days under Rule 9 of the Rules of 1958, same can be withdrawn and the petitioner can be called upon to serve his remaining sentence.
Considering the purpose of the parole as also the submissions of learned counsel for the parties, we deem it just and proper to grant the petitioner third regular parole of 40 days under Rule 9 of the Rules of 1958.
Accordingly, the writ petition succeeds and is hereby allowed and the impugned order dated 19.10.2020 qua petitioner stands quashed and set aside. We direct the concerned District Authority to release the convict-petitioner on third regular parole (Downloaded on 08/02/2021 at 10:01:49 PM) (3 of 3) [CRLW-783/2020] of 40 days under Rule 9 of the Rules of 1958 subject to his furnishing a personal bond in the sum of Rs. 1,00,000/- with two local sureties of Rs. 50,000/- each to the satisfaction of the concerned District Magistrate with the stipulation that in case during third regular parole of 40 days, the petitioner commits any undesirable activity, he can be called upon to serve his remaining sentence and at the same time he shall also maintain peace and tranquility during the parole period and will abide by any other condition imposed by the authority concerned. (CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J Ashish Kumar / 11 (Downloaded on 08/02/2021 at 10:01:49 PM) Powered by TCPDF (www.tcpdf.org)