Rajasthan High Court - Jodhpur
Laxmi Kant vs State Of Rajasthan on 12 July, 2021
Bench: Sandeep Mehta, Manoj Kumar Garg
(1 of 2) [CRLW-313/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 313/2021
Laxmi Kant S/o Shri Vijay Singh, Aged About 25 Years, R/o
Gokhri, Malsisar, District Jhunjhunu, Rajasthan. Convict Ramesh
S/o Shri Vijender, Lodged In Central Jail, Bikaner, District
Bikaner, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home, Government Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
2. Superintendent, Central Jail, Bikaner, District Bikaner,
Rajasthan.
3. District Collector And District Magistrate, Jhunjhunu,
District Jhunjhunu, Rajasthan.
----Respondents
For Petitioner(s) : Mr. S.R. Godara
For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/07/2021
The petitioner is the brother of the convict Ramesh S/o
Vijender who has been sentenced to life imprisonment for the
offence punishable under Section 302 of the IPC passed by the
learned Additional Sessions Judge No.1, Jhunjhunu vide judgment
dated 12.06.2018 in Sessions Case No.71/2016.
The convict prisoner completed the requisite custody period
earning entitlement for being considered for first parole of 20 days
under Rule 9 of the Rajasthan Prisoners Release on Parole Rules,
1958, and filed an application for this purpose, which has been
dismissed by the District Parole Advisory Committee, Jhunjhunu
vide recommendations dated 09.04.2021, which are assailed in
this writ petition.
(2 of 2) [CRLW-313/2021]
On going through the adverse recommendations, it is clear
that the reason for rejection as assigned therein is only the report
of the Superintendent of Police, Jhunjhunu, who expressed an
apprehension that in case, the convict prisoner is released on
parole, it might pose a threat to the complainant party. However,
the report of the Jail Authorities as well as the Social Welfare
Department, Jhunjhunu, who collected information from the
villagers, is favourable to the convict prisoner. It cannot be denied
that maintaining law & order in the society is a duty of the Police
and the Administration. In case, the convict prisoner is found
involved in any offensive activity after being released from
custody, the parole granted to him can be cancelled and he can be
deprived such relief in future.
Accordingly, the writ petition is allowed. The
recommendations dated 09.04.2021 are hereby quashed and
struck down qua the convict prisoner. The convict prisoner Ramesh
S/o Vijender shall be released on first parole of 20 days provided
he furnishes a personal bond of Rs.1,00,000/- and two surety
bonds of Rs.50,000/- each to the satisfaction of the
Superintendent, Central Jail, Bikaner on the usual terms and
conditions. The Superintendent, Central Jail, Bikaner shall be at
liberty to impose other adequate and reasonable conditions to
ensure return of the convict prisoner to the custody after availing
the parole. His term of parole shall be computed from the date of
his actual release.
(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J
30-Mamta/-
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