Rajasthan High Court - Jodhpur
Dinesh vs State Of Rajasthan ... on 9 May, 2024
Bench: Pushpendra Singh Bhati, Yogendra Kumar Purohit
[2024:RJ-JD:20853-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 513/2024
Dinesh, S/o Ratanlal, B/c Nayak, R/o Gudiya Raipur, Ps Raipur,
Dist. Pali (Raj.) (Presently Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Jaipur.
2. Collector, Pali.
3. Supdt. Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Ms. Neha Kalla, Amicus Curiae
For Respondent(s) : Mr. Anil Joshi,AAG assisted by Mr.
Rajat Chhaparwal
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 09/05/2024
1. The present petition has been registered on the letter of the convict, who is languishing in Central Jail, Jodhpur on his conviction and sentence for the offence punishable under Sections 307, 324, 366 (A), 376 (2) (i) (m) of IPC. The petitioner-convict has prayed for his release on second parole on furnishing personal bonds.
2. Learned Amicus Curiae submits that earlier the petitioner preferred D.B.Criminal Writ Petition No. 2021/2023 aggrieved by the order dated 25.10.23 rejecting his application seeking second parole for a period of 30 days and in that petition, this Court vide order dated 8.2.2024 while setting aside the order dated 25.10.2023 directed release of the petitioner on second parole for (Downloaded on 10/05/2024 at 09:04:52 PM) [2024:RJ-JD:20853-DB] (2 of 3) [CRLW-513/2024] a period of 30 days on his furnishing two sureties of Rs. 25,000/- and a personal bond of Rs. 50,000/-. Learned counsel submits that looking to the financial conditions and family background, the petitioner is not in a position to furnish two sureties as ordered by this Court and he may be released on his furnishing personal bonds by modifying the order dated 8.2.2024 passed by this Court.
3. Learned AAG submitted report regarding financial status of the petitioner and opposed to release the petitioner on personal bonds.
4. In view of the submissions made by learned counsel for the petitioner and looking to the poor financial condition and family background of the petitioner as reflected from the report submitted by learned AAG, it is directed that the petitioner Dinesh S/o Ratanlal shall be released on second parole of 30 days strictly in accordance with the provisions of Parole Rules after ensuing its strict compliance as required before his release, provided he furnishes one surety in the sum of Rs. 25,000/- and a personal bond of Rs. 50,000/- to the Satisfaction of Superintendent, Central Jail, Jodhpur. 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.
5. This Court, however, observes that since the report of the police is adverse though without there being any factual basis, if during the period in which the prisoner is released on parole indulge in any kind of offence or/and any report is lodged against (Downloaded on 10/05/2024 at 09:04:52 PM) [2024:RJ-JD:20853-DB] (3 of 3) [CRLW-513/2024] him of any offence, then in such event, the parole granted to him shall stand cancelled.
6. A copy of this order may be sent to the convict.
7. The order dated 8.2.2024 is modified accordingly. The petition stands disposed.
(YOGENDRA KUMAR PUROHIT),J (PUSHPENDRA SINGH BHATI),J 59-RP/-
(Downloaded on 10/05/2024 at 09:04:52 PM) Powered by TCPDF (www.tcpdf.org)