Vijay Kumar S/O Shri Omprakash vs State Of Rajasthan
2021 Latest Caselaw 2339 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Writ Petition No. 858/2021

Vijay Kumar S/o Shri Omprakash, R/o Koripura Math Masalpur,
Police Station Masalpur, District Karauli (Raj) (At Present
Confined In Central Jail, Kota (Raj) Through His Brother Ajay
Kumar S/o Shri Omprakash Aged About 22 Years R/o Koripura
Math Masalpur, Police Station Masalpur District Karauli (Raj)
                                                                     ----Petitioner
                                     Versus
1.      State    Of   Rajasthan,         Through        Inspector     General   Of
        Prisons, Directorate Prisons Ghatgate Jaipur
2.      District Parole Advisory Committee, Through The District
        Magistrate Karauli (Raj)
3.      Superintendent Central Jail, , Kota (Raj)
                                                                  ----Respondents

For Petitioner(s) : Mr. G.P. Rawat, through VC For Respondent(s) : Mr. Atul Sharma, AGC

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA ( V.J.)

Order

03/06/2021

1. This petition has been filed being aggrieved of the order dated 17-3-2021 passed by the District Magistrate Karauli 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 punished. Local police and Social Welfare Department have submitted reports in favour of the petitioner. 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

(2 of 2) [CRLW-858/2021]

of this court in Gopal Singh Vs. State of Rajasthan, SBCWP No.603/2020 decided on 8-1-2021.

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 judgment of this court, this ground has not been found tenable to decline the parole.

5. The local police and Social Welfare department have submitted reports 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 cited above, 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 17-3-2021 is quashed and set aside. It is directed that petitioner Vijay Kumar S/o Om Prakash 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 Kota 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

Arn/96

Powered by TCPDF (www.tcpdf.org)