Rajasthan High Court
Yogesh @ Nitish @ Yogi S/O Shri ... vs State Of Rajasthan on 15 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 781/2020
Yogesh @ Nitish @ Yogi S/o Shri Ramjilal, R/o Rithoti, PS
Kumher Dist. Bharatpur Raj. (At Present Confined In Central Jail
Sewar Bharatpur Raj.)
Through His Brother Manish Kumar S/o Shri Ramjilal Aged About
28 Years R/o Rithoti PS Kumher Dist. Bharatpur Raj.
----Petitioner
Versus
1. The 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, Advocate
For Respondent(s) : Mr. N.S. Gurjar, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
15/01/2021
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
23.7.2019 and sentenced to undergo life imprisonment till the
remainder of his natural life. He further submits that the petitioner
filed a D.B. Cr. Appeal before this Court against his conviction and
sentence awarded by the trial court, which is pending
(2 of 3) [CRLW-781/2020]
adjudication. The petitioner filed an application for first regular
parole for 20 days' before the District Parole Advisory Committee,
but the same has been rejected vide order dated 19.10.2020 on
the ground that in the event he is released on parole, there will be
danger of breach of peach. Learned counsel for the petitioner
further submits that the petitioner has already served more than
5 years 2 months and 8 days sentence. Thus, he has completed
about 1/4th of his sentence. He further submits that although
the SP, Bharatpur has not recommended to release the petitioner
on parole, but Probation and Jail Welfare Officer has recommended
to release the petitioner on parole. Therefdore, in view of Rule 9 of
the Rajasthan Prisoners Release on Parole Rules, 1958, he is
entitled to be released on first parole of 20 days.
In the reply, it is submitted that SP, Bharatpur has not
recommended to release the petitioner on parole on the ground
that in the event he is released on parole, there will be danger of
breach of peace. Hence, the petitioner has not been granted
regular first parole of 20 days.
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 parole of 20 days,
same can be withdrawn and the petitioner can be called upon to
serve his remaining sentence.
(3 of 3) [CRLW-781/2020]
Considering the purpose of parole as also the period
already suffered by the petitioner, we deem it just and proper to
grant the petitioner first parole of 20 days.
Accordingly, the writ petition succeeds and is hereby
allowed and the impugned order dated 19.10.2020 qua petitioner
stands quashed and set aside. We direct the concerned District
Authority to release the convict-petitioner on first 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
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
DILIP KHANDELWAL /38
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