Rajasthan High Court - Jaipur
Sharvan vs State Of Raj on 9 October, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION (PAROLE) NO.2400/2012. Sharwan Vs. State of Rajasthan Date of Order :- October 9, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ By Post. Shri Mahendra Meena, Government Counsel for the State. ****** BY THE COURT:-
This writ petition has been filed seeking first parole of twenty days by accused-Sharwan.
The parole has been denied to the petitioner on the report of the Social Welfare Department. The Social Welfare Department has given the reasoning while not recommending his release on parole that the petitioner has stated in the application that there is no one in his family, however, he has a younger brother Ramdhan, who is a Driver and staying in Hyderabad.
The reasoning given by the Social Welfare Department, cannot be a reason for denying parole to the petitioner. The petitioner has served almost six years of sentence, out of the total ten years awarded to him. This is his first prayer for parole.
Learned Government Counsel opposed the prayer of parole but could not controvert the facts aforestated merely saying that the concerned Superintendent of Police has not recommended case of the petitioner for his release on regular and first parole of twenty days.
Keeping in view the facts aforestated, I am inclined to grant indulgence of first parole to petitioner for a period of twenty days.
In the result, writ petition is allowed. Petitioner Sharwan S/o Shri Gopi Jat shall be released on parole from the Central Jail, Ajmer for a period of twenty days from the date of his release upon his furnishing a personal bond in the sum of Rs.20,000/- to the satisfaction of the Superintendent Central Jail, Ajmer with the stipulation that he shall surrender before the jail authorities immediately after expiry of the period of twenty days. In case, petitioner fails to surrender immediately after expiry of stipulated period of twenty days, the jail authorities shall immediately inform the concerned Magistrate for procuring his arrest.
(MOHAMMAD RAFIQ), J.
RS/111 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed.
(Ravi Sharma,P.A.