Rajasthan High Court - Jaipur
Shreeman vs State Of Raj And Ors on 3 March, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Writ Petition No. 17648 / 2016
Shreeman S/o Shri Johri Lal, by Caste Meena, Aged About 46
Years, R/o Badavas Balaheda, Police Station Bandikui, District
Dausa (Raj.) (at Present Serving His Sentence in Central Jail,
Jaipur), Through his Son Gopal S/o Shreeman, by Caste Meena,
Aged About 18 Years, R/o Badavas Balaheda, Police Station
Bandikui, District Dausa (Raj.)
----Petitioner
Versus
1. The State of Rajasthan Through the Secretary Home,
Secretariat, Jaipur
2. The District Parole Advisory Committee Through Its Chairman,
District Magistrate, Dausa
3. Superintendent Central Jail, Jaipur
----Respondents
_____________________________________________________ For Petitioner(s) : Shri Anshuman Saxena, Advocate For Respondent(s) : Shri B.N. Sandu, Addl. Advocate General _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Order 03/03/2017 The convict-petitioner Shreeman S/o Shri Johri Lal has preferred instant petition under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958(for short "the Rule, 1958") for grant of second regular parole of 30 days.
The petitioner on being convicted for offence u/s 302 IPC vide judgment dated 29.10.2012 passed by learned Additional Sessions Judge, Bandikui, District Dausa, in Sessions Case No.33/2010, is undergoing life sentence. Although D.B. Criminal (2 of 4) [CW-17648/2016] Appeal No.982/2012 preferred by him is pending before this court, it is not disputed that he is eligible to seek regular second parole provided he fulfill the conditions prescribed under R.9 of the Rules, 1958.
It is informed to this court that the convict petitioner has already availed emergent parole from 11.2.2015 to 20.2.2015 and there after first regular parole for a period of 20 days from 07.10.2015 to 26.10.2015 and there is no breach while availing the emergent/regular first parole under the Rules.
At this stage, after availing of emergent and first regular parole, there was no requirement of calling report from the concerned police station in the light of the circular issued by the department dated 28.10.2005, and so far as the Social Welfare & Empowerment Department is concerned, it has recommended for grant of second regular parole but because of the note appended to the nominal roll by the Superintendent Central Jail, Jaipur of his un-satisfactory conduct for the reasons assigned that the period from 27.11.2015 to 15.7.2016 he has not completed the work allocated to him.
In totality of the matter from the material which has come on record and so also the fact that the convict petitioner has earlier availed emergent and first regular parole under the scheme of Rules, 1958 and there is no breach or violation of the conditions of parole earlier availed by him and the fact that he has served in judicial custody for last 7 years 5 months and 12 days as on the date when the nominal roll was prepared, copy of which is on record - Annexure-R/1, when the same Social Welfare & (3 of 4) [CW-17648/2016] Empowerment Department has recommended the case of the convict petitioner for grant of second regular parole, which he is entitled to under the scheme of Rules, 1958, the reasons assigned by the Superintendent, Central Jail, Jaipur, in the given facts and circumstances, that for the period from 27.11.2015 to 15.7.2016, he has not completed the work allotted to him would not dis- entitle him to claim second regular parole under Rule 9 of Rules, 1958.
Consequently, the writ petition (parole) is allowed and the recommendations of the committee vide order dated 23.11.2016 qua the petitioner stand quashed. The Superintendent Central Jail, Jaipur is directed to release the petitioner (Shreeman S/o Shri Johri Lal) on second regular parole, if not availed of for 30 days including the days of journey to home and back form the date of his release on furnishing his personal bond besides one surety of Rs.25,000/- to the satisfaction of jail authority with the satisfaction that he shall surrender himself and return back to the Central Jail, Jaipur on expiry of 30 days (supra) to be notified by the jail authority and shall maintain peace and tranquility during parole period and in addition to it he shall further report during parole on each Sunday at 11.00 AM at concerned police station and that report be furnished to the Superintendent of Central Jail, Jaipur. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law.
(4 of 4) [CW-17648/2016] A copy of this order be sent to the petitioner through jail authority for compliance. No costs.
(VIJAY KUMAR VYAS)J. (AJAY RASTOGI)J. Chahuhan/18