Rajasthan High Court - Jodhpur
Prakash Drangi vs State on 27 February, 2020
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 44/2020
Prakash Drangi S/o Shri Khatu, Aged About 23 Years, At Present
Lodged In Central Jail, Udaipur Through His Mother Smt. Ramti
Devi W/o Khatu, Age About 45 Years, B/c Drangi, R/o Nichla
Patiya, P.s. Falasiya, District Udaipur (Raj.).
----Petitioner
Versus
1. State, Through Secretary Of Home Department Jaipur
(Raj.).
2. The District Collector, Udaipur.
3. The Superintendent, Central Jail, Udaipur.
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 27/02/2020 Heard.
The convict-petitioner has forwarded the instant parole writ petition from Jail seeking a direction for his release on first parole of twenty days.
The convict-petitioner's parole application was rejected by the District Parole Advisory Committee, Udaipur vide order dated 27.01.2020 based on the recommendation dated 16.01.2020 on the ground that if he is released on parole, the society will be adversely effected. The apprehension regarding the victim party being traumatized by the convict-petitioner and the possibility of breach of peace and unrest, if released on parole were also mentioned as the grounds to deny parole to the convict petitioner. (Downloaded on 27/02/2020 at 08:50:42 PM)
(2 of 2) [CRLW-44/2020] I find that the reasons assigned in the order impugned dated 27.01.2020 for denying parole to the petitioner are absolutely mechanical, vague and extraneous and are not based on justifiable grounds so as to deny parole to the convict petitioner. I further feel that the apprehension that any scuffle may take place between the victim party and the convict-petitioner, can very well be taken care of by requiring the convict to submit sound and solvent sureties and imposing appropriate conditions.
In this view of the matter, there is no justification for rejection of the petitioner's application for first parole. Accordingly, the instant parole writ petition is allowed. The impugned order 27.01.2020 based on the recommendation dated 16.01.2020 is quashed and struck down qua the convict petitioner and it is ordered that the convict prisoner Prakash Drangi S/o Shri Khatu shall be released on first parole of twenty days upon his furnishing 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 prison after availing the parole. The term of parole shall be computed from the date of his actual release.
(SANDEEP MEHTA),J 34-Tikam/-
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