Rajasthan High Court - Jaipur
Chandra Prakash vs State (Home Department)Ors on 8 August, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. CIVIL WRIT PETITION (PAROLE) NO.8845/2016
CHANDRA PRAKASH VS. STATE OF RAJASTHAN & ORS.
DATE OF ORDER : : 8th August, 2016
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
HON'BLE MR.JUSTICE DINESH CHANDRA SOMANI
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Shri Amarjit Singh Narang for the petitioner
Shri Pankaj Sisodiya, Assistant Government Advocate for
the respondents.
## This petition has been filed by the petitioner, who is serving out sentence of life imprisonment consequent upon his conviction for offence u/s.302 IPC by trial court vide judgement dated 17.2.2009. The appeal against the said judgement has been dismissed by this Court. Petitioner was earlier granted first parole. However, his application for second parole has been rejected by the District Parole Advisory Committee on the premise that when he was earlier released on parole, he absconded and was arrested with delay of one and half months. Learned counsel submitted that the first parole was granted for 20 days and the allegation is that petitioner was required to surrender before the jail authorities on 29.6.2011, but he did not surrender and later arrested on 13.8.2011. The Superintendent, Central Jail, Kota has although reported the jail conduct of the petitioner satisfactory, but has separately commented against grant of parole to the petitioner on the aforesaid ground. The Social Welfare Department has recommended in 2 favour of grant of parole, but the Superintendent of Police owing to the aforesaid fact of overstaying of the parole period, has not recommended for grant of parole to the petitioner.
Learned counsel for the petitioner submitted that in view of Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958, the Superintendent of Police has discretion that in the case of overstaying the sanctioned parole or breach of any other condition laid down, if the prisoner is released on recommendation of the Superintendent of Jail concerned, the period of his release would be 7 days excluding the days of journey to home and back. The next parole will be 15 days (provided he has behaved himself well during the period) and 30 days in the fourth parole. Learned counsel therefore prayed that the petitioner should be released on parole for a period of seven days in terms of Section 18(ii) of the Rules. Learned counsel for the petitioner submits that petitioner has not applied for second parole after he availed the benefit of first parole in 2011 and that it has gone five years that he has now submitted this application for parole.
Learned Assistant Government Advocate opposed the parole petition and submitted that petitioner has dis- entitled himself to be released on parole because of his previous conduct. He availed the benefit of first parole for a period from 10.6.2011 to 29.6.2011, but instead of 3 surrendering on completion of parole period, he absconded. Thereafter, he was arrested and put behind the bar on 13.8.2011. Learned counsel therefore prayed that the petitioner should not be released on parole.
Heard learned counsel for the parties.
The overstaying the parole for one and half months cannot be a reason to permanently debar the consideration of the petitioner for release on parole, particularly when he would be on this parole, entitled to be released second time for a period of seven days only and considering especially the fact that petitioner has not availed the benefit of parole for last five years, after his release on first parole in the year 2011, the petition is allowed. Impugned order dated 1.6.2016 qua the petitioner is quashed and set aside. It is directed that the petitioner Chandra Prakash S/o Bheru Lal shall be released on regular second parole from Central Jail, Kota for a period of seven days from the date of his release upon his furnishing one personal bond in the sum of Rs.2,00,000/- with two sureties in the sum of Rs.1,00,000/- each to the satisfaction of respondent no.2- the Superintendent, Central Jail, Kota with the stipulation that he shall surrender before the jail authorities immediately after expiry of period of 7 days. In case, the petitioner fails to surrender immediately after expiry of stipulated period of 7 days, the jail authorities shall immediately inform the concerned Magistrate for procuring 4 his arrest. It will be open for the concerned jail Superintendent to put any other condition, as per Rules, to secure presence of the petitioner.
(Dinesh Chandra Somani),J. (Mohammad Rafiq),J. RS/49