Rajasthan High Court - Jodhpur
Sadho Devi vs State on 21 July, 2008
Author: Prakash Tatia
Bench: Prakash Tatia, Sangeet Lodha
1
D.B. Criminal (Parole) Writ Petition No.3736/2008
Sachhoo Devi
vs
State of Rajasthan.
Date of order : 21.7.2008
HON'BLE MR. PRAKASH TATIA, J.
HON'BLE MR. SANGEET LODHA, J.
Mr. Kalu Ram Bhati,for the petitioner. Mr.JPS Choudhary, PP.
<><><> Heard learned counsel for the petitioner and learned Public Prosecutor.
The present petition has been filed by Smt. Sachhoo Devi, the mother of the convict Deshraj, who lodged in Central Jail, Bikaner and his serving sentence under Section 396, 397 and 398 IPC.
The convict has already served the sentence for 5 years, 11 months and 29 days as on 5th July, 2008. He is seeking his first parole, however, he was twice released on temporary bail and there is no allegation that he misused that temporary bail. The parole application was rejected by the learned Addl. District Magistrate, Sri Ganganagar by taking help of Rule 14(d) of the Parole Rules, 1958 wherein it is provided that the convicts, who are convicted under Section 396, 397 etc are ordinarily not eligible for release on parole. However, under sub-rule (d) of Rule 14 itself the convicts for several offences including under Section 302 IPC and so many offence have been included, but in this 2 case, this plea has been taken.
We do not find any just reason for denying the parole only on the ground that his case fall under sub-rule (d) of Rule 14. The words "ordinarily not eligible" has already been interpreted by this Court in earlier judgments.
In view of the above reasons looking to his conduct that he was released on temporary bail and has not misused the temporary bail, we are of the view that petition deserves to be allowed. Hence, the parole petition is allowed and the petitioner be released on parole for 20 days on his submitting personal bond of Rs.30,000/- and two sureties of Rs.15,000/- each and on other just and appropriate conditions determined by the Superintendent, Central Jail, Bikaner to his own satisfaction. The Superintendent, Central Jail, Bikaner will also give a date for surrender.
(SNAGEET LODHA), J. (PRAKASH TATIA), J. cpgoyal/-