HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 491/2022
Anil Kumar Son Of Shri Pooran Singh, Aged About 32 Years,
Resident Of Noorpur, Police Station Kathumar, Tehsil Kathumar
Distt. Alwar Rajasthan At Present Confined In Special Central Jail
Shyalawas Distt. Dausa Rajasthan Through His Wife Seema W/o
Anil Aged About 29 Years, Resident Of Noorpur, Police Station
Kathumar, Tehsil Kathumar, Distt. Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General, Prison,
Jaipur.
2. The Superintendent Special Central Jail, Shyalawas, Distt.
Dausa.
3. The District Collector, Alwar
----Respondents
For Petitioner(s) : Mr. Lakhan Singh Tomar For Respondent(s) : Mr. Atul Sharma, Dy.G.A.
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Judgment / Order 10/11/2022
1. Petitioner has preferred this writ petition (parole) seeking release on first parole for twenty days.
2. It is contended by counsel for the petitioner that petitioner earlier also applied for emergent parole which application was rejected as the marriage card was found to be forged by the Court and F.I.R. was also registered in which petitioner and his brother were made accused. Both have been granted bail in that case. It is also contended that petitioner has remained in custody for a (Downloaded on 16/11/2022 at 09:20:38 PM) (2 of 3) [CRLW-491/2022] period of eleven years seven months & twenty four days and the jail record of the petitioner is also satisfactory.
3. Reply has been filed on behalf of the State.
4. Learned Deputy Government Advocate appearing for the State has contended that petitioner initially in the year 2013 tried to escape from the hospital. Thereafter, he had produced forged marriage card to obtain emergent parole. Looking to his conduct, his parole application was rejected.
5. We have considered the contentions.
6. Looking to the fact that petitioner has remained in custody for a period of eleven years, seven months & twenty four days and as per the jail record, his conduct is satisfactory, the objection of the adverse report of S.P. and Social Welfare Officer was considered by the Division Bench of this Court in "Ramji Lal @ Ramjya Vs. State of Rajasthan" WLC 2007 (4) WLC 507 and parole was granted. In light of the above, this Court deems it proper to allow the writ petition (parole).
7. Consequently, the writ petition (parole) stands allowed. The recommendation of the Parole Advisory Committee dated 01.06.2022 qua the present petitioner is quashed and set aside. The Jail Authorities are directed to release the petitioner on first regular parole for a period of twenty days, on furnishing his personal bonds of Rs.1,00,000/- with one surety of like amount in the form of Bank Guarantee drawn in favour of Superintendent Special Central Jail Shyalawas Distt. Dausa with the stipulation that he shall surrender himself before the Jail Authority on expiry of twenty days and shall maintain peace and tranquility during parole period.
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8. In case of failure to surrender by petitioner on stipulated date, the Jail Authority shall proceed in accordance with law and the surety amount shall stand forfeited.
9. A copy of this order be sent to the Jail Authorities as well as the petitioner through Jail Authority for compliance.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
ARTI SHARMA /5
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