Deepa @ Deepachand vs State Of Rajasthan
2021 Latest Caselaw 16726 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                D.B. Criminal Writ Petition No. 163/2021

Deepa @ Deepachand, S/o Pema, By Caste Bheel, R/o Girdiya
Police Thana Begu, District Chittorgarh (Raj.). (At Present
Lodged In Central Jail Udaipur).
                                                                          ----Petitioner
                                       Versus
1.      State      Of      Rajasthan,           Through             Secretary,     Home
        Department, Jaipur.
2.      Collector, Chittorgarh.
3.      Superintendent, Central Jail, Udaipur.
                                                                      ----Respondents


For Petitioner(s)            :     By Post.
For Respondent(s)            :     Mr. Anil Joshi, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA
                HON'BLE MR. JUSTICE SAMEER JAIN

                                        Order

10/11/2021
BY THE COURT

(PER HON'BLE MR. JUSTICE JAIN)

The present parole petition has been filed by the petitioner

prisoner "by Post" who is undergoing sentence at Central jail,

Udaipur and presently in pursuance to the letter dated 7.9.2021

of Office of Superintendent, Central Jail, Udaipur looking to the

satisfactory conduct has been shifted to open jail Camp,

Beechhwal (Bikaner) since 25.8.2021. The petitioner is convicted

and sentenced for the offences under Sections 302, 201 and 449

of the IPC in case No. 26/2013 vide judgment dated 29.10.2015

of learned Addl. District Judge No. 2, Chittorgarh.

(2 of 3) [CRLW-163/2021]

The petitioner has served the sentence till 01.5.2021 to the

tune of eight years approximately and has applied for 20 days of

first parole.

The District Parole Committee and the Superintendent of

Police, Chiottorgarh has given a report that the prisoner is a

quarrelsome person and habitual offender and there is an

apprehension of his absconding. The report of the Social Justice

and Empowerment Department is also negative.

Looking to the fact that vide letter dated 07.9.2021 the Dy.

Superintendent, Central Jail, Udaipur looking to the conduct of the

petitioner has shifted him to open jail, Bikaner, the Hon'ble Court

vide order dated 17.9.2021 in the said background directed Full

Time Secretary, District Legal Services Authority, Bikaner to send

an experienced Para Legal Volunteer (PLV) to visit the petitioner at

the open air camp who shall apprise the petitioner and seek his

response regarding the adverse reports filed by the respondents

along with reply.

In response to the same, Mr. Anil Tiwari an experienced

(PLV) personally met the petitioner on 04.10.2021 and opined

that Deepa prior to being in jail was high alcoholic, but as per his

version neither he has committed murder of his wife nor any other

person, but as he was quarrelsome person and alcoholic, people in

the said area did not like him and involved him in various cases.

The report of PLV is also making a mention of the conduct,

character and behavior of the petitioner in jail as satisfactory and

his cousin brothers also come to meet him. He is desirous to be in

touch with society as he has family consisting of wife, three

brothers and one daughter who are financially in a worse

situation.

(3 of 3) [CRLW-163/2021]

In light of the above report and considering Article 21 of the

Constitution of India and further taking into consideration that the

petitioner has served the sentence of approximately 9 years as on

date and the report of PLV, we are inclined to grant first parole of

20 days prayed by the petitioner vide his postal letter.

Accordingly, the instant writ petition, is hereby allowed. The

impugned recommendations dated 09.2.2021 recorded by the

District Parole Advisory Committee, Chittorgarh are quashed qua

the convict prisoner and it is ordered that the convict Deepa @

Deepa Chand S/o Pema shall be released on first parole of twenty

days upon furnishing a personal bond in the sum of Rs. 50,000/-

with two sound and solvent sureties of Rs. 25,000/- each to the

satisfaction of Superintendent Central Jail, Udaipur on the usual

terms and conditions. The superintendent, Central Jail, Udaipur

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.

                                   (SAMEER JAIN),J                                        (SANDEEP MEHTA),J

                                    24-1/-









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