HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 781/2020
Yogesh @ Nitish @ Yogi S/o Shri Ramjilal, R/o Rithoti, PS
Kumher Dist. Bharatpur Raj. (At Present Confined In Central Jail
Sewar Bharatpur Raj.)
Through His Brother Manish Kumar S/o Shri Ramjilal Aged About
28 Years R/o Rithoti PS Kumher Dist. Bharatpur Raj.
----Petitioner
Versus
1. The 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, Advocate For Respondent(s) : Mr. N.S. Gurjar, PP HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 15/01/2021 This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the petitioner be released on first regular parole for 20 days.
Learned counsel for the petitioner submits that the petitioner was convicted by the trial court vide judgment dated 23.7.2019 and sentenced to undergo life imprisonment till the remainder of his natural life. He further submits that the petitioner filed a D.B. Cr. Appeal before this Court against his conviction and sentence awarded by the trial court, which is pending (Downloaded on 20/01/2021 at 09:18:37 PM) (2 of 3) [CRLW-781/2020] adjudication. The petitioner filed an application for first regular parole for 20 days' before the District Parole Advisory Committee, but the same has been rejected vide order dated 19.10.2020 on the ground that in the event he is released on parole, there will be danger of breach of peach. Learned counsel for the petitioner further submits that the petitioner has already served more than 5 years 2 months and 8 days sentence. Thus, he has completed about 1/4th of his sentence. He further submits that although the SP, Bharatpur has not recommended to release the petitioner on parole, but Probation and Jail Welfare Officer has recommended to release the petitioner on parole. Therefdore, in view of Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958, he is entitled to be released on first parole of 20 days.
In the reply, it is submitted that SP, Bharatpur has not recommended to release the petitioner on parole on the ground that in the event he is released on parole, there will be danger of breach of peace. Hence, the petitioner has not been granted regular first parole of 20 days.
Heard learned counsel for the parties and carefully perused the record.
The purpose of parole is to facilitate family ties being maintained.
Needless to say that in case the petitioner engages himself in any untoward incident during first parole of 20 days, same can be withdrawn and the petitioner can be called upon to serve his remaining sentence.
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(3 of 3) [CRLW-781/2020] Considering the purpose of parole as also the period already suffered by the petitioner, we deem it just and proper to grant the petitioner first parole of 20 days.
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 first parole of 20 days, 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 first parole of 20 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 DILIP KHANDELWAL /38 (Downloaded on 20/01/2021 at 09:18:37 PM) Powered by TCPDF (www.tcpdf.org)