Babulal vs State Of Rajasthan
2021 Latest Caselaw 7522 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 71/2021

Babulal, S/o Sh. Ramlal, B/c Harijan, R/o Scheme No. 09, House No. 144, Gogamedi Harijan Basti, Police Thana Neemach Chavani Dist. Neemach (Mp). (Presently Lodged At Central Jail, Jodhpur).

----Petitioner Versus

1. State Of Rajasthan, Through Secretariat Home, Jaipur.

2. Collector, Jodhpur.

3. Superintendent, Central Jail, Jodhpur.

                                                                 ----Respondents


For Petitioner(s)         :     By post.
For Respondent(s)         :     Mr. Farzand Ali, AAG-cum-GA



            HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

17/03/2021

Heard. Perused the material available on record.

The convict-petitioner has been denied first parole of twenty

days by the District Parole Advisory Committee, Jodhpur, vide

order dated 24.12.2020 assigning the reason that as per the

report of the District Superintendent of Police, Neemuch, the

convict petitioner has been convicted and sentenced for life

imprisonment in a murder case and there is an apprehension of

the convict absconding in case he is released on parole.

We find that the reasons assigned for denying parole to the

convict-petitioner are absolutely mechanical, vague and

perfunctory and are not based on justifiable grounds so as to deny

parole to the convict petitioner. We further feel that the

(2 of 2) [CRLW-71/2021]

apprehension that the petitioner will abscond, in case of release

on parole, can be very well taken care of by requiring him to

furnish heavy bail and bonds.

In this background, we are inclined to accept the

instant parole writ petition which is hereby allowed. The

order dated 24.12.2020 passed by the District Parole Advisory

Committee, Jodhpur is quashed and struck down qua the convict

petitioner and it is ordered that the convict Babulal S/o Shri

Ramlal, shall be released on first parole of twenty days upon his

furnishing personal bond in the sum of Rs.1,00,000/- and two

sound and solvent sureties of Rs.50,000/- each (duly verified by

the Tehsildar concerned) 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 parole. The term of parole

shall be computed from the date of his actual release.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

24-Sudhir Asopa/-

Powered by TCPDF (www.tcpdf.org)