Mohan Lal S/O Shri Boduram vs State Of Rajasthan
2021 Latest Caselaw 854 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 D.B. Criminal Writ Petition No. 1/2021

Mohan Lal S/o Shri Boduram, R/o Vill. Mandota PS Sadar Distt.
Sikar Raj. (At Present Confined In Central Jail Shriganganagar)
Through His Brother Madan Lal S/o Shri Boduram Aged About 45
Years R/o Vill. Mandota PS Sadar Distt. Sikar Raj.
                                                                     ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Inspector General Prison
        Jaipur
2.      The District Collector, Sikar
3.      The Superintendent, Central Jail Shriganganagar
                                                                  ----Respondents

For Petitioner(s) : Mr. Vijay Poonia, Advocate For Respondent(s) : Mr. N.S. Gurjar, Public Prosecutor

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

28/01/2021 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

15.10.2018 and sentenced to undergo life imprisonment. The

petitioner filed a D.B. Criminal Appeal No.480/2018 before this

Court against his conviction and sentence awarded by the trial

court, which is pending adjudication. The petitioner filed an

application for first regular parole of 20 days' before the District

Parole Advisory Committee, but the same has been rejected vide

(2 of 3) [CRLW-1/2021]

order dated 15.10.2020 on the ground that two other criminal

cases are pending against the petitioner, whereas, the fact of the

matter is that in one case (S.B. Criminal Misc. 2 nd Bail Application

No.45/2021) vide order dated 22.01.2021 passed by the co-

ordinate Bench of this Court, petitioner has been enlarged on bail.

Learned counsel for the petitioner further submits that the

petitioner is in judicial since his conviction and during trial he also

remained behind bars. He further submits that the petitioner has

served more than 7 years 11 months and 5 days of his sentence.

Therefore, in view of Rule 9 of the Rajasthan Prisoners Release on

Parole Rules, 1958, the petitioner is entitled to be released on first

regular parole of 20 days. Although SP, Sikar has not

recommended to release the petitioner on first regular parole, but

Probation and Jail Welfare Officer has recommended to release the

petitioner on parole.

In the reply, it is submitted that petitioner is a hardcore

criminal and two other criminal cases are pending against him.

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 regular parole of 20

days, same can be withdrawn and the petitioner can be called

upon to serve his remaining sentence.

Considering the purpose of parole as also the period

already served by the petitioner and the fact that he has already

been granted bail in one of the pending case by the co-ordinate

(3 of 3) [CRLW-1/2021]

Bench of this Court vide order dated 22.01.2021, 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 15.10.2018 qua petitioner

stands quashed and set aside. We direct the concerned District

Authority to release the convict-petitioner on first regular 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

Ashish Kumar /34

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