Rajasthan High Court
Gopal Singh @ Ramgopal S/O Late ... vs State Of Rajasthan on 8 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 603/2020
Gopal Singh @ Ramgopal S/o Late Shri Ramcharan, R/o Village
Darapur Kalan, PS Chiksana, Distt. Bharatpur, Raj. (At Present
Confined In Central Jail-Sewar, Bharatpur) Through His Brother
Mahendra Singh S/o Late Shri Ramcharan R/o Village Darapur
Kalan, Ps Chiksana, Distt. Bharatpur, Raj.
----Petitioner
Versus
1. State of Rajasthan, Through Inspector General, Prison,
Jaipur
2. The District Parole Advisory Committee, Through The
District Magistrate, Bharatpur,
3. The Superintendent, Central Jail, Sewar, Bharatpur, Raj.
----Respondents
For Petitioner(s) : Mr. G.P. Rawat, through VC
For Respondent(s) : Mr. Mangal Singh Saini, AGC
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
08/01/2021
1. This petition has been filed being aggrieved of the order
dated 30-7-2020 passed by the District Magistrate, Bharatpur
declining the release of the petitioner on first regular parole.
2. Learned counsel for the petitioner submits that the petitioner
is admittedly eligible for first regular parole. His jail conduct has
remained satisfactory, except that the petitioner did not perform
the prescribed work in Udyogshala of the prison. Local police has
not submitted its report in his favour, but it is without any
reasonable basis or evidence. On the other hand the Social
Welfare Department has submitted report in his favour. The
(2 of 3) [CRLW-603/2020]
petitioner deserves to be released on first regular parole. He
placed reliance on Abdul @ Bambaiya Vs. State & Others, SB Cr.
Writ Petition (Parole) No.162/2018 decided on 5-3- 2018; Ajay Vs.
State & Others, DB Civil Writ Petition (parole) No.360/2014
decided on 3-2-2014; Shreeman Vs. State & Others, DB Civil Writ
Petition No.17648/2016 decided on 3-3-2017 and Nagendra @
Rohit @ Sachin Vs. The State of Rajasthan & Ors., DB Civil Writ
(Parole) Petition No.509/2016 decided on 19-2-2016.
3. Learned counsel for respondents has opposed the petition.
4. Admittedly the petitioner is eligible to be released on first
regular parole. His jail conduct has remained otherwise
satisfactory except the fact that he performed less work in
Udyogshala of the prison. But in view of the above cited
judgments of this court, this ground has not been found tenable to
decline the parole.
5. Though local police has not submitted his report in favour of
the petitioner on the basis of apprehension of untoward incident
with the petitioner by the victim party, but no reasonable basis
has been pointed out in this regard. Hence only on the basis of
apprehension it is not proper to deny the benefit of parole
particularly when the petitioner has no criminal antecedent and
the Social Welfare Department has recommended his parole.
6. Therefore, keeping in view the facts and circumstance of the
matter and having regard to the legal position as propounded in
above cited cases, this court finds it a fit case for release of the
petitioner on first regular parole with appropriate conditions.
7. Accordingly, the petition is allowed and the impugned order
dated 30-7-2020 is quashed and set aside. It is directed that
petitioner Gopal Singh @ Ramgopal S/o Late Shri Ramcharan be
(3 of 3) [CRLW-603/2020]
released on first regular parole of twenty days from the date of his
release provided, he furnishes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the Superintendent, Cental jail, Sewar Bharatpur
with the stipulation that he shall surrender himself before the jail
authorities immediately after expiry of twenty days and shall
maintain peace and tranquility during parole period.
8. Further the petitioner shall maintain good conduct and
behaviour during the period of parole and shall report to the
nearest police station every day. The jail Superintendent shall be
free to put any other condition, as per rules, to secure presence of
the petitioner.
(SATISH KUMAR SHARMA),J
SAHIL SONI /95
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