Allu @ Aleem S/O Aziz Khan vs State Of Rajasthan
2021 Latest Caselaw 3950 Raj/2

        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.

(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

(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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