Vinod Kumar Son Of Shri Narayan Ram vs State Of Rajasthan
2021 Latest Caselaw 7002 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Criminal Writ Petition No. 1538/2021

Vinod Kumar Son Of Shri Narayan Ram, R/o Jakhado Ki Dhani,
Tan Dhamora, Police Station Gudha Gorji, Dist. Jhunjhunu (Raj.)
- At Present Confined In Central Jail, Bikaner (Raj.)Through His
Maternal Uncle Birdhi Chand Poonia, Son Of Shri Buja Ram
Poonia, Aged About 59 Years, R/o Pandrarohadi, Near Joha,
Dadiya, Jhunjhunu, District Jhunjhunu (Raj.)
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through The Secretary, Department
        Of Home, Secretariat, Jaipur.
2.      Director General Of Prison, Rajasthan, Jaipur.
3.      District Parole Advisory Committee, Through Its Chairman
        District Collector Cum District Magistrate, Jhunjhunu
        (Raj.)
4.      The Superintendent, Central Jail, Bikaner (Raj.)
                                                                ----Respondents

For Petitioner(s) : Mr. Rajesh Sharma, Advocate For Respondent(s) : Mr. N.S. Gurjar, PP

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

29/11/2021

This parole petition has been filed under Article 226 of

the Constitution of India with the prayer that the petitioner be

released on first regular parole for 20 days.

Learned counsel for the petitioner submits that vide

judgment dated 12.12.2018 passed by the trial court, the

petitioner was convicted for the offences under Section 302, 120 B

IPC and sentenced to undergo life imprisonment. He further

(2 of 3) [CRLW-1538/2021]

submits that the petitioner filed a D.B. Cr. Appeal before this Court

against his conviction and sentence awarded by the trial court,

which is pending adjudication. The petitioner filed an application

for first regular parole for 20 days' before the District Parole

Advisory Committee, but the same has been rejected vide order

dated 3.11.2020 on the ground that if he is released on parole, he

may jump the parole. Learned counsel for the petitioner further

submits that the petitioner has already served more than 6 years

10 months and 21 days sentence. Thus, he has served substantive

part of his sentence. The jail conduct of the petitioner is

satisfactory. Therefore, in view of Rule 9 of the Rajasthan

Prisoners Release on Parole Rules, 1958 (for short, 'the Rules of

1958'), he is entitled to be released on first parole of 20 days.

In the reply, it has been mentioned that if he is

released on parole, he may jump from parole.

Heard learned counsel for the parties and carefully

perused the record.

The purpose of parole is to facilitate maintenance of

family ties. We are of the opinion that the impugned order dated

3.11.2020 whereby the parole application of the petitioner was

rejected is unsustainable because it has been passed in a

mechanical manner and without due application of mind.

Needless to say that in case the petitioner engages

himself in any untoward incident during first parole of 20 days,

same can be withdrawn and the petitioner can be called upon to

serve his remaining sentence.

(3 of 3) [CRLW-1538/2021]

Considering the purpose of parole as also the period

already suffered by the petitioner, we deem it just and proper to

grant the petitioner first parole of 20 days.

Accordingly, the writ petition succeeds and is hereby

allowed and the impugned order dated 3.11.2020 qua petitioner

stands quashed and set aside. We direct the authority concerned

to release the convict-petitioner on first parole of 20 days, subject

to his furnishing a personal bond in the sum of Rs. 1,00,000/- with

two sureties of Rs. 50,000/- each to the satisfaction of the

concerned trial court with the stipulation that in case during first

parole of 20 days, the petitioner commits any undesirable activity,

he can be called upon to serve his remaining sentence and at the

same time he shall also maintain peace and tranquility during the

parole period and will abide by any other condition imposed by the

authority concerned. The petitioner shall also report to the nearest

police station on alternate day during the 20 days' parole period.

It will be open for the authority concerned to put any other

condition, as per Rules, to secure the presence of the petitioner on

completion of 20 days' parole period.

                                   (UMA SHANKER VYAS),J                                            (PRAKASH GUPTA),J

                                   DK/24









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