Rajasthan High Court - Jodhpur
Ayub Khan vs State Of Rajasthan on 27 November, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 408/2018
Ayub Khan, S/o Shamsuddin , B/c Gosi Musalman , Mandiya
Road Gosi Colony Ward No 15, P.t. Kotwali Pali Distt. Pali
----Petitioner
Versus
1. State Of Rajasthan, Through Home Secretary , Jaipur
2. Collector, Pali
3. Superintt. Central Jail, Jodhpur
----Respondents
For Petitioner(s) : By post
For Respondent(s) : Mr. VS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 27/11/2018
1. The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Jodhpur, upon being convicted and sentenced for the offence punishable under Sections 450, 354, 376/511, 376 (2) of IPC and 3(1)(10), 3(1)(12) of SC/ST Act and the petitioner-convict has already undergone a sentence for a continuous period of four years.
2. The petitioner-convict, in his letter/application has stated that he was entitled for second parole for 30 days, as he was granted first parole under the Rajasthan Prisoners Release on Parole Rules, 1958 for 20 days in pursuance of the order of the D.B. Civil Writ Petition No.8268 decided on 24.07.2017, and thereafter, he surrendered after 20 days before the central jail authority.
(2 of 3) [CRLW-408/2018]
3. Learned Public Prosecutor has opposed the prayer made by the petitioner-convict in his application on the ground that the petitioner-convict is a history-sheeter.
4. The Parole Committee has rejected the application of the petitioner-convict on the ground of adverse police report.
5. The Jail Department has submitted its reply.
6. After seeing the record of the case, this Court finds that first parole had been granted by Division Bench of this Hon'ble Court in D.B. Civil Writ Petition No.8268 decided on 27.07.2018, and after undergoing the said parole, the petitioner-convict peacefully surrendered before the respondents.
4. 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 Ayub Khan S/o. Shri Shamshuddin to avail 30 days second 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 (3 of 3) [CRLW-408/2018] State custody after availing the parole. A copy of this order may be sent to the convict.
(DR. PUSHPENDRA SINGH BHATI),J 169-Sudheer/-
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