Rajasthan High Court - Jodhpur
Bhim Nath vs State Of Rajasthan on 3 June, 2021
Bench: Sandeep Mehta Judge), Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 256/2021
Bhim Nath S/o Sh. Ram Nath, Aged About 30 Years, At Present
Lodged In Central Jail, Jodhpur, Through His Mother Smt. Hurami
W/o Sh. Ram Nath, Aged About 62 Years, B/c (Kalbeliya) Nath,
R/o Gehu Road, Sani Baba Ka Mandir, P.s. Kotwali, Dist. Barmer.
----Petitioner
Versus
1. State Of Rajasthan, Home Dept., Jaipur.
2. The District Collector, Barmer.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati (through VC)
For Respondent(s) : Mr. Farzand Ali, G.A.cum-A.A.G. with
Mr. Abhishek Purohit
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
03/06/2021
Heard. Perused the material available on record.
The petitioner has filed the instant parole writ petition
seeking to assail the order dated 25.03.2021 passed by the
District Parole Advisory Committee, Barmer whereby the
petitioner's application for second parole has been rejected. The
Committee rejected the parole application of the convict petitioner
while assigning a reason that the convict and his family belong to
the nomad Kalbeliya tribe and they have no permanent place of
residence and roam here and there. The apprehension of
abscondance of the convict prisoner was also a ground of rejection
of the parole application.
(2 of 3) [CRLW-256/2021]
We find that the reason assigned therein that the convict's
family are nomads and do not have permanent place of residence
is absolutely flimsy and unsustainable. If this view is adopted, the
possibility of release on parole of any prisoner who does not have
permanent place of residence would virtually be ruled out. Suffice
it to say that the Parole Rules have been promulgated to provide
the convicts a window of visiting their families and so that they
can be re-integrated into the social fabric. We further feel that the
apprehension that the convict will abscond can very well be taken
care of by requiring the convict to submit sound and solvent
sureties and imposing appropriate conditions.
Thus, looking to the fact that the police authorities have
expressed an apprehension that the convict may abscond, if
released on parole, in order to prevent this eventuality, we hereby
direct that the petitioner shall be required to furnish heavy bail
and bonds for release on parole.
In this background, we are inclined to accept the
instant parole petition, which is hereby allowed. The order
dated 25.03.2021 is quashed qua the convict prisoner and it is
ordered that the convict Bhimnath S/o Shri Ramnath shall be
released on second parole of thirty days upon his furnishing
personal bond in the sum of Rs.1,00,000/- with two sound and
solvent sureties of Rs.50,000/- each to the satisfaction of
Superintendent, Central Jail, Jodhpur on the usual terms and
conditions. 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
(3 of 3) [CRLW-256/2021]
parole. The term of parole shall be computed from the date of his
actual release.
(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J
3-Sudhir Asopa/-
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