Surajbhan S/O Shri Umrav vs State Of Rajasthan
2021 Latest Caselaw 452 Raj/2

Citation : 2021 Latest Caselaw 452 Raj/2
Judgement Date : 19 January, 2021

Rajasthan High Court

Surajbhan S/O Shri Umrav vs State Of Rajasthan on 19 January, 2021

Bench: Satish Kumar Sharma

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Writ Petition No. 858/2020

Surajbhan S/o Shri Umrav, R/o Bachera Ps Nadbai Dist.
Bharatpur Raj. (At Present Confined In Central Jail Sewar
Bharatpur Raj.)Through His Brother Ramavtar S/o Shri Umrav
Aged About 34 Years R/o Bachera Ps Nadbai Dist. Bharatpur Raj.
                                                                   ----Petitioner
                                   Versus
1.      State of Rajasthan, Through Inspector General of Prisons
        Directorate Prisons Ghatgate Jaipur
2.      Distt. Parole Advisory Committee, Through the Distt.
        Magistrate Bharatpur Raj.
3.      Superintendent, Central Jail Sewar Bharatpur Raj.
                                                                ----Respondents

For Petitioner(s)        :     Mr. G.P. Rawat
For Respondent(s)        :     Mr. F.R. Meena, AGC



       HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

                                    Order

19/01/2021

1. This petition has been filed being aggrieved of the order dated 19-10-2020 passed by the District Magistrate Bharatpur declining the release of the petitioner on second regular parole.

2. Learned counsel for the petitioner submits that the petitioner is admittedly eligible for second regular parole. His jail conduct has remained satisfactory, except that the petitioner did not perform the prescribed work in Udyogshala of the prison for which he was warned. Social Welfare Department has submitted report in favour. The petitioner has availed the opportunity of first parole and he surrendered before the jail authorities within time. The petitioner deserves to be released on second regular parole. He placed reliance on an order of this court in Gopal Singh Vs. State of Rajasthan, SBCWP No.603/2020 decided on 8-1-2021.

(2 of 2) [CRLW-858/2020]

3. Learned counsel for respondents has opposed the petition.

4. Admittedly the petitioner is eligible to be released on second 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. The Social Welfare department has submitted its report in favour of the petitioner. Hence it is not proper to deny the benefit of parole particularly when the petitioner has no criminal antecedent.

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 second regular parole.

7. Accordingly, the petition is allowed and the impugned order dated 19-10-2020 is quashed and set aside. It is directed that petitioner Surajbhan S/o Umrav be released on second regular parole of thirty 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 thirty days and shall maintain peace and tranquility during parole period.

8. The jail Superintendent shall be free to put any other condition, as per rules, to secure presence of the petitioner.

(SATISH KUMAR SHARMA),J

Arun/126