Sanwariya @ Mukesh @ Chhugi vs State
2021 Latest Caselaw 8124 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 93/2021

Sanwariya @ Mukesh @ Chhugi S/o Shri Bansi Lal Jat, Aged About 24 Years, At Present Lodged In Central Jail Ajmer Through His Mother Smt. Sayri Devi W/o Bansi Lal, Aged About 47 Years B/c Jat, R/o Mokhampura P.s. Pratap Nagar, District Bhilwara.

----Petitioner Versus

1. State, Through Secretary Of Home Dept. Jaipur.

2. The District Collector, Bhilwara.

3. The Superintendent, Central Jail, Ajmer.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Kalu Ram Bhati
For Respondent(s)         :     Mr. S.S. Rajpurohit, AGC Cum PP


        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
                         Order

24/03/2021

The present writ petition has been filed by the mother of the

convict-prisoner Sanwariya @ Mukesh @ Chhugi who is facing

incarceration in pursuance of the judgment dated 26/03/2019

passed by learned Special Judge, POCSO Act Cases, Bhilwara in

Session Case No. 70/2018. The convict prisoner is presently

lodged in Central Jail, Ajmer and facing a sentence of ten years

rigorous imprisonment.

Learned counsel for the petitioner submits that the convict

prisoner has completed more than five years of sentence and,

therefore, he is entitled for release on first parole. He submits that

although on earlier occasions, release of the convict prisoner on

first parole was prayed for on account of the marriage of the

brother of the convict-prisoner but the same has now been

(2 of 2) [CRLW-93/2021]

postponed. However, in order to establish the bonds with the

family, the convict-prisoner may be granted first parole.

A reply has been filed by the State Government, wherein it is

stated that the release of the convict-prisoner on parole will

disturb the harmony in the area as there is possibility of scuffle

between the convict-prisoner and the complainant. It is also

stated in the reply that even the brother of the convict-prisoner

has stated that if the convict-prisoner is released on parole, the

same will be dangerous for his life.

I have considered the submissions made at the bar.

Taking into consideration the fact that the convict prisoner is

entitled for grant of first parole and he is not incur any disability

as per Section 14 of the Rajasthan Prisoner's Release on Parole

Rules, 1958, I consider it appropriate to release the convict

prisoner on first parole.

Accordingly, this petition is allowed. The respondents are

directed to release convict-prisoner Sanwariya @ Mukesh @

Chhugi S/o Shri Bansi Lal Jat to avail 20 days first parole as per

provisions of the Rules of 1958 provided he furnishes two sureties

in a sum of Rs.25,000/- each and a personal-bond of Rs.50,000/-

to the satisfaction of Superintendent, Central Jail, Ajmer. The

Superintendent, Central Jail concerned will give a date for

surrender of convict and shall also be at liberty to impose other

reasonable and adequate conditions to ensure his return to the

State custody after availing the parole. A copy of this order may

be sent to the convict.

(VINIT KUMAR MATHUR),J

173-SanjayS/-

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