Rajasthan High Court - Jodhpur
Unkar vs State Of Rajasthan on 20 May, 2019
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 184/2019
Unkar, S/o Gamana Meena, B/c Meena, R/o. Khodipipali Bheem
Choura Police Thana Lasadiya Distt. Udaipur (Raj.).
(Lodged In Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretariat Home, Jaipur.
2. The Collector, Udaipur.
3. Superintendent Central Jail, Udaipur
----Respondents
For Petitioner(s) : By Post
For Respondent(s) : Mr. Abhishek Purohit, Associate to
Mr. Farzand Ali, AAG
Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 20/05/2019
1. The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Udaipur, being convicted and sentenced for the offence punishable under Sections 148, 323/149, 324/149, 447 & 302/149 IPC.
2. The Parole Committee has rejected the application on the ground of adverse police report.
3. The State has submitted its reply.
4. The Convict-petitioner has preferred this writ petition from Central Jail, Udaipur for the grant of first parole of 20 days. The State has filed reply wherein they have submitted that the petitioner has already suffered incarceration of more than 05 years. The only ground on which the first parole has been denied (Downloaded on 28/06/2019 at 05:06:53 AM) (2 of 2) [CRLW-184/2019] is apprehension of some untoward incident in the village and unrest in the society.
5. This Court is of the view that maintaining of law and order is the responsibility of the State and the same cannot be a ground to denying the grant of first parole to the petitioner. It goes without saying that the petitioner has fulfilled all the eligibility criteria for grant of first parole. It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958. In these circumstances, the petition deserves to be allowed.
6. Accordingly, this petition is allowed. The respondents are directed to release convict-petitioner Unkar, S/o Gamana Meena to avail 20 days first parole as per provisions of the Rules of 1958 provided he furnishes two sureties in a sum of Rs.25,000/- each and a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Udaipur. The Superintendent, Central Jail concerned will give a date for surrender of convict and shall also be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole. A copy of this order may be sent to the convict.
(VINIT KUMAR MATHUR),J 11-SunilS/-
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