Rajasthan High Court
Pan Singh S/O Late Shri Shivcharan vs State Of Rajasthan on 29 November, 2021
Bench: Prakash Gupta, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 215/2021
Pan Singh S/o Late Shri Shivcharan, R/o Bhavutipura, Police
Station Basai Dang, District Dholpur (Raj) (At Present Confined
In Central Jail Sewar, Bharatpur) Through His Wife Smt. Rajjo
W/o Shri Pan Singh Aged About 45 Years R/o Bhavutipura, Police
Station Basai Dang, District Dholpur (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General, Prison
Jaipur
2. The District Parole Advisory Committee, Through The
District Magistrate, Dholpur
3. The Superintendent, Central Jail, Sewar Bharatpur
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat, 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 24.1.2017 passed by the trial court, the petitioner
was convicted for the offence under Section 302 IPC and
sentenced to undergo life imprisonment. He further 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
(2 of 3) [CRLW-215/2021]
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
10.11.2020 on the ground that more than 40 cases were
registered against him and he is the elder brother of Jagan Gurjar.
He further submits that except one case, all the cases said to have
been registered against the petitioner, have been decided.
Learned counsel for the petitioner further submits that the
petitioner has already served more than 10 years 2 months and
13 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 more than 40
cases have been registered against the petitioner and he is a
hardcore criminal and 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
10.11.2020 whereby the parole application of the petitioner was
rejected is unsustainable in the eyes of law because except one
case, rest of the cases said to be registered against the petitioner,
have been decided.
(3 of 3) [CRLW-215/2021]
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.
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 10.11.2020 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/31
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