Dilip @ Tomi S/O Babulal vs State Of Rajasthan
2021 Latest Caselaw 1080 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Criminal Writ Petition No. 115/2021

Dilip @ Tomi S/o Babulal, R/o Aalanpur Ps Kotwali Dist.
Sawaimadhopur Raj. Through His Mother Smt. Prem Devi W/o
Babulal R/o Aalanpur Ps Kotwali Dist. Sawaimadhopur Raj.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Inspector General Of Prisons
        Directorate Prisons Ghatgete Jaipur
2.      Dist. Parole Advisory Committee, Through The Dist.
        Magistrate Sawaimadhopur
3.      Superintendent, Central Jail Sevar Bharatpur
                                                                ----Respondents

For Petitioner(s)        :     Mr. Tarun Jain
For Respondent(s)        :     Mr. Javed Chaudhary, PP



           HON'BLE MR. JUSTICE PRAKASH GUPTA

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

02/02/2021 This parole petition has been filed under Article 226 of

the Constitution of India with the prayer that the petitioner be

released on first regular parole for 20 days.

Learned counsel for the petitioner submits that the

petitioner was convicted by the trial court vide judgment dated

30/3/2017 and sentenced to undergo life imprisonment. The

petitioner filed a D.B. Criminal Appeal No.831/2017 before this

Court against his conviction and sentence awarded by the trial

court, which is pending adjudication. The petitioner filed an

application for first regular parole of 20 days before the District

Parole Advisory Committee, but the same has been rejected vide

(2 of 3) [CRLW-115/2021]

order dated 1/1/2021. He further submits that the petitioner has

served more than 5 years of his sentence with remission.

Therefore, in view of Rule 9 of the Rajasthan Prisoners Release on

Parole Rules, 1958, the petitioner is entitled to be released on first

regular parole of 20 days. Although SP Sawaimadhopur has not

recommended to release the petitioner on first regular parole, but

the Social Welfare and Empowerment Department has

recommended to release the petitioner on first parole.

In the reply, it is submitted that 11 cases have been

registered against the petitioner in different Police Stations and if

he is released on parole, he may jump from parole.

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 regular parole of 20

days, same can be withdrawn and the petitioner can be called

upon to serve his remaining sentence.

Considering the purpose of parole as also the period

already served by the petitioner, we deem it just and proper to

grant the petitioner first parole of 20 days.

Accordingly, the writ petition is allowed and the

impugned order dated 1/1/2021 qua the petitioner stands

quashed and set aside. We direct the concerned District Authority

to release the convict-petitioner on first regular 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

(3 of 3) [CRLW-115/2021]

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

Om/Ashish Kumar /27

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