Rajasthan High Court - Jaipur
Anwar vs State (Home Department)Ors on 10 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 12401 / 2016
Anwar S/o Shri Babu Khan, B/c Musalman, R/o Panchayat
Sankarwada Makbara, Ward No. 4 Todabheem, Tehsil Todabheem,
District Karauli (Raj.) ( At Present Confined in Central Jail Sewar,
Bharatpur) Through His Brother:- Inam S/o Shri Babu Khan, B/c
Musalman,, Aged About 50 Years, House No. 870, Moti Dungari
Road, Sanganeri Gate, Police Station Lal Khothi, District Jaipur (Raj.)
----Petitioner
Versus
1. State of Rajasthan Through Inspector General, Prison,, Jaipur.
2. The District Parole Advisory Committee Through the District
Magistrate,, Karauli.
3. The Superintendent, Central, Jail,, Sewar, Bharatpur.
----Respondents
____________________________________________________ For Petitioner : Mr. Govind Prasad Rawat.
For State : Mr. R. R. Gurjar, P.P. _____________________________________________________ HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL Order 10/04/2017 Heard learned counsel for the parties.
By this writ petition, the petitioner, who is undergoing sentence in the Central Jail, Bharatpur seeks grant of regular parole for twenty days under Rule 9 of the Rajasthan Release of Prisoners On Parole Rules, 1958. The petitioner was convicted by the Additional Sessions Judge, Gangapur City vide judgment and order dated 30.8.2014 in Sessions Case No.08/2003 for offences under Sections 307/149, 325/149, 323/149 & 147 I.P.C. and maximum sentence of three years was awarded.
Learned counsel for the petitioner submits that the petitioner submitted an application before the District Parole Advisory Committee, which was considered in its meeting and the same was dismissed on the ground of adverse police report and accordingly order was passed on 28.4.2016. It was further submitted that the petitioner is in judicial custody since his conviction and he has already completed the prescribed period of custody required for release on first regular parole and his conduct and behaviour in jail has been good and unblemished and, therefore, he is entitled for regular first parole as per Rajasthan Release of Prisoners on Parole Rules, 1958 but his prayer for release on parole was denied vide order dated 28.4.2016 merely on the report of the Superintendent of Police, to the effect that some other cases are pending against the petitioner.
(3 of 3) [CW-12401/2016] Learned Public Prosecutor submits that the petitioner is not entitled to grant of parole due to adverse police report.
Considering the facts and circumstances of the case and the conduct of the petitioner in jail, the report of the police cannot be considered to be the sole ground to refuse regular parole to the petitioner. Therefore, I deem it proper to grant first parole to the petitioner for 20 days under Rule 9 of the Rules of 1958.
It is, therefore, ordered that the petitioner Shri Anwar S/o Shri Babu Khan, presently undergoing sentence in the Central Jail, Bharatpur shall be released on parole for twenty days provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the District Magistrate, Karauli to the effect that he will surrender himself before the Superintendent Central Jail, Bharatpur on completion of twenty days i.e. the parole period. The parole period shall be counted from the date of his release.
Consequently, the writ petition stands disposed of.
(PRASHANT KUMAR AGARWAL),J.
A.Arora-Item No.209.