Omprakash @ Vishnu vs State Of Rajasthan
2021 Latest Caselaw 11285 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 502/2020

Omprakash @ Vishnu S/o Shri Poonmaram, Aged About 30 Years, At Present Lodged In Central Jail Jodhpur, Through His Father Shri Poonmaram S/o Shri Lalaram , Aged About 64, R/o Adarsh Sonadi, Tehsil Sedwa, P.s. Sedwa, District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Secretary Of Home Department, Jaipur.

2. The District Collector, Barmer.

3. The Superintendent, Central Jail, Jodhpur.

                                                  ----Respondents


For Petitioner(s)        :     Mr. K.R. Bhati
For Respondent(s)        :     Mr. Farzand Ali, G.A.-cum-A.A.G
                               Mr. Abhishek Purohit



           HON'BLE MR. JUSTICE SANDEEP MEHTA
         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                Judgment

22/07/2021

Heard. Perused the material available on record.

The convict-petitioner has filed the instant writ petition

seeking to assail the adverse recommendations recorded by the

District Parole Advisory Committee, Barmer in its meeting held on

21.09.2020. The Committee rejected the parole application of the

petitioner on the ground that he has been convicted for murder of

two of his family members and if he is released on parole, there is

every likelihood of strife between the parties and there is

imminent risk to the petitioner's safety. The petitioner's parents

were opposed to his release on parole. On 10.03.2021, we had

directed that a fresh inquiry shall be conducted in this regard.

Thereafter, the statements of the parents of the petitioner Shri

Punmaram and Smt. Sugni were recorded. Both of them have

(2 of 2) [CRLW-502/2020]

stated that neither there is any risk to the petitioner's life nor

there is any risk of breach of peace in the society in case the

petitioner is released on parole. As per the nominal roll, till

13.12.2020, the petitioner had served sentence of 7 years, 3

months and 17 days.

Thus, considering the overall facts and circumstances of the

case and in order to give the convict-petitioner one reasonable

opportunity of reformation and reintegration into the society, we

are inclined to extend indulgence of parole to him.

Accordingly, the adverse recommendations dated 21.09.2020

recorded by the District Parole Advisory Committee, Barmer is set

aside qua the convict-petitioner and it is ordered that the convict

Om Prakash @ Vishnu S/o Shri Punmaram shall be released

on first parole of twenty days upon his furnishing a personal bond

in the sum of Rs.1,00,000/- with two sound and solvent sureties

of Rs.50,000/- each (of which one shall be furnished by the

petitioner's father Shri Punma Ram) to the satisfaction of

Superintendent Central Jail, Jodhpur on the usual terms and

conditions. He shall mark his attendance at the Police Station

Dhorimanna, Barmer every seventh day after his release on

parole. The Superintendent, Central Jail, Jodhpur shall be at

liberty to impose other adequate and reasonable conditions to

ensure return of the convict to the custody after availing the

parole. The term of parole shall be computed from the date of his

actual release.

The parole writ petition is allowed in these terms.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J 14-Sudhir Asopa/-

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