Rajasthan High Court - Jodhpur
Labh Chand vs State Of Raj on 8 November, 2013
Author: Govind Mathur
Bench: Govind Mathur
D.B. CRIMINAL PAROLE WRIT PETITION NO.12569/2013
Labh Chand
Vs.
State of Rajasthan
DATE OF ORDER : 08.11.2013
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
BY POST.
Mr. KR Bishnoi, Addl. Government Advocate.
...
A letter addressed to this Court by convict-prisoner Labh Chand for grant of 40 days regular annual parole as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958') is treated as a petition for writ.
As per averments contained in reply to writ petition, the petitioner is undergoing sentence of life term imprisonment, being convicted for offence punishable under Sections 148, 302/149, 325/149, 323/149, 450 and 342 I.P.C. under the judgment dated 12.12.2005 passed by learned Additional Sessions Judge (SC/ST), Pratapgarh. The petitioner has already served sentence for a period of 14 years and 27 days as on 30.9.2013 including jail and State remission. There is no dispute about eligibility of the petitioner to avail regular annual parole. It is also pertinent to note here that the petitioner has already availed three regular paroles successfully and there is no complaint about his conduct while availing parole. The jail conduct of the petitioner is also found satisfactory.
Having considered all the facts and circumstances of the case, we are inclined to grant this petition. : 2 :
Accordingly, this petition for writ is allowed. The respondents are directed to release petitioner Labh Chand S/o. Babru Ji Rawat on parole for a period of 40 days as per provisions of the Rules of 1958 provided he furnishes two sureties 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, Udaipur shall be at liberty to impose adequate and reasonable conditions while releasing the petitioner on parole to ensure his return to State custody. [BANWARI LAL SHARMA], J. [GOVIND MATHUR], J. Sanjay