Rajasthan High Court - Jodhpur
Afzal vs State on 12 November, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 391/2018
Afzal, S/o Sh. Sayab Ansari, B/c Musalman, R/o Majwaliya Police
Thana Kop Dist. Chapra (Bihar) Presently R/o Jhanda Gali, Police
Thana Sarupganj, Dist. Sirohi. (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State, Through Secretary, Home Jaipur.
2. Collector, Sirohi
3. Superintendent, Central Jail, Jodhpur
----Respondents
For Petitioner(s) : By post
For Respondent(s) : Mr. VS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 12/11/2018
1. The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Jodhpur, being convicted and sentenced for the offence punishable under Sections 307, 326 and 323 of IPC.
2. The Parole Committee vide order dated 18.07.2018 has rejected the application only on the ground that the houses of the petitioner-convict and the complainant are adjoining and animosity between both the parties is going on, and in case, the petitioner-convict is released on the first parole, the law and order shall be affected. Further, the Committee has also noted that there is a threat to the life of the petitioner-convict himself.
3. The aforesaid reasons given by the parole committee do not induce confidence of this Court so as to deprive the person (2 of 2) [CRLW-391/2018] of his right to the first parole in accordance with the relevant provision of the Rajasthan Prisoners Release on Parole Rules, 1958, as there is no such aggravating reason which could deprive the petitioner-convict of his right to grant the parole, after already undergoing the sentence of two years and ten months.
4. This Court has considered the decision of Parole Committee rejecting the parole claimed. The convict has already undergone a sentence of 2 years and 10 months. 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. More so, Ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can't be frustrated on the basis of vague and ill-founded reasons.
5. Accordingly, this petition is allowed. The respondents are directed to release convict-petitioner Afzal S/o Sh. Sayab Ansari to avail 20 days first parole as per provisions of the Rules of 1958 provided he furnish 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, 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. A copy of this order may be sent to the convict.
(Dr. PUSHPENDRA SINGH BHATI),J sudheer Powered by TCPDF (www.tcpdf.org)