Sunil Kumar Jatav S/O Shri Ghashi ... vs State Of Rajasthan
2021 Latest Caselaw 3781 Raj/2

       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

(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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