Rajasthan High Court - Jodhpur
Kala Ram vs State on 19 February, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ No. 28 / 2018
Kala Ram s/o Moti Ram, By caste Methwal, Resident of Bagsari,
P.s. Sarwana, District Jalore (Raj.)
----Petitioner
Versus
1. State of Rajasthan through Secretary, Home, Jaipur.
2. Collector, Jalore
3. Superintendent, Central Jail, Jodhpur
----Respondents
_____________________________________________________
For Petitioner(s) : By post.
For Respondent(s) : Mr. Deepak Choudhary, PP
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 19/02/2018 The petitioner-convict is suffering sentence of 7 years upon having been convicted by the concerned court vide judgment dated 03.03.2017 for the offences under Section 376 IPC and Section 3/4 of the Protection of Children from Sexual Officenes Act. His application for first regular parole was rejected by the concerned authority on the pretext that if he is released on parole, a possibility of quarrel ensuing between the petitioner and complainant party cannot be ruled out.
This court is of the firm opinion that this cannot be considered to be a valid ground for denying parole to the petitioner. The consequences of such a quarrel can be avoided by use of preventive measures.
In this background, the instant writ petition is allowed. The (2 of 2) [CRLW-28/2018] competent authority shall release the petitioner on first parole for 20 days, upon his furnishing a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- amount to its satisfaction.
With these observations, the instant petition is allowed.
(SANDEEP MEHTA), J.
Mohit Tak