Rajasthan High Court
Ishwar Singh S/O Shri Pooran Singh vs State Of Rajasthan on 17 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition (Parole) No. 851/2020
Ishwar Singh S/o Shri Pooran Singh, R/o Madoli PS Sewar Dist.
Bharatpur Raj. (At Present Confined In Central Jail Sewar
Bharatpur Raj.) Through His Brother Gajendra Singh S/o Shri
Pooran Singh Aged About 44 Years R/o Madoli Ps Sewar Dist.
Bhartpur Raj.
----Accused/Petitioner
Versus
1. 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
For Respondent(s) : Mr. F.R. Meena, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
17/02/2021
This criminal writ petition (parole) is filed for setting aside
the order dated 19.10.2020 passed by the District Magistrate,
Bharatpur whereby, the application of the petitioner for grant of
first regular parole has been dismissed.
The facts as emerging from the record are that petitioner
was convicted and sentenced by the learned Additional Sessions
Judge (Women Attrocities Cases), Bharatpur in Sessions Case
No.07/2016 vide judgment dated 29.08.2019 under Section(s)
373, 374, 344, 323, 376 & 120-B of IPC and was sentenced to ten
years imprisonment.
(2 of 3) [CRLW-851/2020]
Learned counsel for the petitioner submitted that he has
served more than 03 years, 8 months and 6 days as on
25.01.2021 including remission and thus acquired eligibility for
grant of first regular parole under Rule 9 of the Rajasthan
Prisoners Act, 1958; but, the respondents, vide order impugned
dated 19.10.2019, rejected his case for grant of parole on account
of adverse police report as to apprehension of breach of peace in
case of grant of parole. Drawing attention of this Court towards
the report dated 09.10.2020 furnished by the Deputy Director,
Department of Social Justice and Welfare, Bharatpur, learned
counsel submitted that he has recommended for grant of parole to
the petitioner. Relying on the judgments of this Court in cases of
Pappu @ Salim Versus State of Rajasthan & Ors., D.B. Civil
Writ Petition No.16042/2017 dated 24.10.2017 & Arun
Kumar Jain versus State of Rajasthan & Ors., S.B. Criminal
Writ Petition NO.747/2020 decided on 11.02.2021, he
prayed for setting aside the order impugned dated 19.10.2020
and for grant of first regular parole to him.
Learned Public Prosecutor opposed the prayer.
Heard the learned counsels for the parties and perused the
record.
Undisputedly, the petitioner has earned eligibility for grant of
first regular parole under Rule 9 of the Rules of 1958. The Deputy
Director, Department of Social Justice and Welfare, Bharatpur has
also, vide its report dated 19.10.2020, accorded no objection for
grant of regular parole to him. The purpose of parole is to
facilitate family ties being maintained which cannot be permitted
to be frustrated by the respondents on flimsy grounds.
(3 of 3) [CRLW-851/2020]
Consequently, the order impugned dated 19.10.2020 qua the
petitioner is quashed and set aside. This writ petition is allowed.
The petitioner shall be released on parole for 20 days on
furnishing personal bond in sum of Rs.1,000,00/- with two
sureties of Rs.50,000/- each to the satisfaction of the concerned
District Magistrate with the stipulation that in case during 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.
(MAHENDAR KUMAR GOYAL),J
Manish/51
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