Rajasthan High Court - Jaipur
Shree Pal Singh S/O Shri Umrav Singh B/C ... vs State Of Rajasthan on 16 April, 2019
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 174/2019
Shree Pal Singh S/o Shri Umrav Singh B/c Rajput, R/o Talawali,
Police Station Gangadhar, District Jhalawar (Raj.) (At Present
Confined In Central Jail Kota)
Through His Brother In Law Mangu Singh S/o Shri Bhagwan
Singh B/c Rajput aged about 36 Years R/o Rapli, Panchayat
Samiti Sunari, Police Station Anel, Tehsil Gangadhar, District
Jhalawar (Raj.)
----Petitioner
Versus
1. State of Rajasthan, through Inspector General Prison,
Jaipur.
2. The Distt. Parole Advisory Committee, through the
District Magistrate, Jhalawar.
3. The Superintendent, Central Jail Kota.
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat. For Respondent(s) : Ms. Alka Bhatnagar, Addl. G.A. HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 16/04/2019 This petition has been filed by the petitioner, who is serving out sentence consequent upon his conviction for offence under Section 147, 148, 149 and 302/149 IPC by Additional Sessions Judge, Bhawani Mandi, Jhalawar in Sessions Case No.11/2014 vide judgment dated 31.05.2017. The appeal against the said judgment is still pending before this Court. Since the petitioner has completed more than one fourth of his sentence, he applied for grant of first regular parole, which has been declined (Downloaded on 28/06/2019 at 01:01:08 AM) (2 of 3) [CRLW-174/2019] by the District Parole Advisory Committee, Jhalawar (for short 'the District Parole Advisory Committee') in its meeting dated 14.02.2019 and order in this regard was passed on 19.02.2019 only on the ground of adverse report of concerned Superintendent of Police.
Learned counsel for the petitioner submits that the petitioner has been declined regular first parole by District Parole Advisory Committee on the ground that the concerned Superintendent of Police in his report indicated that if parole is granted to the petitioner, he will go to his native village Talawali and there is possibility of breach of peace in the village. It is argued that aforesaid report is based on apprehension only and the petitioner ought not to have been declined grant of parole on that ground. It is contended that aforesaid report suffers from non-application of mind. It is, therefore, prayed that the impugned order dated 19.02.2019 qua the petitioner be set aside and petitioner may be granted regular first parole of 20 days.
Learned Additional Advocate General opposed the parole petition and submitted that District Parole Advisory Committee has considered case of the petitioner on the basis of adverse report of the concerned Superintendent of Police, which is based on proper application of mind.
We have heard learned counsel for the petitioner, learned Additional Advocate General and perused the material on record.
The reason, which the respondents have given for not extending benefit of first parole is that if parole is granted to the petitioner, he will go to his native village Talawali and there is (Downloaded on 28/06/2019 at 01:01:08 AM) (3 of 3) [CRLW-174/2019] possibility of breach of peace in the village. The aforesaid reason, in our considered opinion, is based on apprehension and there is no concrete foundation thereof. The purpose of release of an accused on parole is to ensure that he stays in contact with the society so that after his release on completion of sentence, he joins mainstream of the society as a reformed citizen. However, in order to safeguard against the apprehension that there is possibility of breach of peace in the village, the petitioner can be put to certain conditions.
Having regard to the facts aforestated, the petition is allowed. Impugned order dated 19.02.2019 qua the petitioner is quashed and set aside. It is directed that the petitioner namely; Shree Pal Singh son of Shri Umrav Singh shall be released on regular first parole from Central Jail, Kota for a period of 20 days from the date of his release upon his furnishing one personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Kota and further that he shall surrender before the jail authorities immediately after expiry of period of 20 days. In case, the petitioner fails to surrender immediately after expiry of stipulated period of 20 days, the jail authorities shall immediately inform the concerned Magistrate for procuring his arrest. It will be open for the concerned Jail Superintendent to put any other condition, as per Rules, to secure presence of the petitioner. (GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),Acting CJ MANOJ NARWANI /41 (Downloaded on 28/06/2019 at 01:01:08 AM) Powered by TCPDF (www.tcpdf.org)