Rajasthan High Court - Jodhpur
Ramlal vs State on 8 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 380/2020
Ramlal S/o Lt. Sh. Madhulal, Aged About 44 Years, At Present
Lodged In Open Air Camp Mandore, Under Central Jail Jodhpur
Through His Mother Smt. Dhapu Bai W/o Lt. Sh. Madhulal Aged
About 68 Years, B/c Jat, R/o Village Dhamana P.s. Kapasan
District Chittorgarh.
----Petitioner
Versus
1. State, Through Secretary Of Home Dept., Jaipur.
2. The District Collector, Chittorgarh
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati - on video call
For Respondent(s) : Mr. Sudheer Tak PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/01/2021
The convict petitioner has preferred the present writ petition
against the order dated 26.02.2020, whereby the case of the convict
for releasing him on permanent parole has been rejected.
Learned counsel for the petitioner submits that vide judgment
dated 28/01/2015 passed by learned Addl. Sessions Judge,
Chittorgarh in Session Case No. 206/2011, the petitioner was
convicted and sentenced for the offence under Section 302/149 IPC
and to undergo sentence for life imprisonment. The prisoner
thereafter filed appeal before this Court which was partly allowed and
vide judgment dated 24.08.2017, the conviction for offence under
Section 302/149 IPC was altered to Section 304 Part I IPC and he
was sentenced to 10 years rigorous imprisonment with fine of Rs.
(2 of 3) [CRLW-380/2020]
50,000/-, in default of payment of fine to undergo two months
imprisonment. He further submits that out of the ten years sentence,
the convict petitioner has already undergone 09 years and 9 months
imprisonment including remission. The conduct of the convict is good
and no offence was conducted while he was released on first parole.
He has relied upon a judgment passed by a Coordinate Bench of this
Court in the case of Narayan Lal vs. State & Ors (S.B. Civil Parole
Writ Petition No. 9577/2014, decided on 04/02/2015), S.B. Criminal
Writ Petition No. 75/2020 (Santosh Kumar Vs. State &Ors), S.B.
Criminal Writ Petition No. 78/2020 (Sagarmal Vs. State &Ors)
In reply to the writ petition, it is stated that conduct of the
prisoner has been found to be satisfactory.
I have considered rival submissions of the parties.
The fact that the petitioner has not misused the liberty of
enlargement on first second and third parole as also the fact that no
offence was committed by him during the aforesaid period, fortifies
that the conduct of the convict petitioner during last eight years is
not questionable.
Section 9 of the Rajasthan Prisoners Release on Parole Rules,
1958 reads as under:-
"A prisoner, who has completed with remission, if any, (one-
fourth) of his sentence and subject to good conduct in the Jail,
may be released on 1st parole for 20 days including days of
journey to home and back, and for 30 days on 2nd parole
provided his behaviour has been good during the 1st parole
and for 40 days on third parole provided his behavoiur has
been good during second parole. If during the third parole also
the prisoner has behaved well and his character has been
exceedingly well and if the prisoner's conduct has
been such that he is not likely to relapse into crime, his case
may be recommended to the Government through the State
(3 of 3) [CRLW-380/2020]
Committee for permanent release on parole on such conditions
as deemed fit by the Superintendent of Jail and the District
Magistrate concerned; the chief condition among them being
that if the prisoner while on parole commits any offence or
abets, directly or indirectly, commission of any offence, he has
to undergo the unexpired portion of the sentence in addition to
any sentence imposed upon him by reason of such an offence.
In cases the permanent release on parole is rejected the
prisoner will be eligible for release on parole for 40 days every
year subject to the same conditions for the remaining period of
his sentence."
In these circumstances, the State Parole Committee, while not
recommending the case of the convict-prisoner for his release on
permanent parole, was not justified on the ground mentioned in the
meeting dated 13.01.2020 to the effect that the prisoner has not
undergone three regular paroles. No other reason has been stated
for not recommending the case of the petitioner for releasing him on
permanent parole. Further, the convict-prisoner has already availed
two regular paroles.
In view of the above, this petition for writ deserves to be
allowed and is hereby allowed. The convict-prisoner Ramlal S/o Lt.
Sh. Madhulal be released on permanent parole provided he furnishes
a personal bond of Rs.1,00,000/- (Rupees One Lakh) to the
satisfaction of the Superintendent, Central Jail, Jodhpur with the
usual conditions enshrined in Rule 9 of the Rules and as may be
prescribed by the concerned Superintendent of Jail.
A copy of this order be sent to the Superintendent, Central Jail,
Jodhpur.
(MANOJ KUMAR GARG),J
17-Anshul/-
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