Rajasthan High Court - Jodhpur
Shrikant vs State Of Rajasthan on 13 July, 2021
Bench: Sandeep Mehta, Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 76/2021
Shrikant, S/o Shri Balchand @ Velchand, By Caste Jain, R/o
Maliyo Ka Thakur, Through Police Thana Kotwali, District Jalore
(Raj.). (At Present Lodged In Central Jail Jodhpur).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Home
Department, Jaipur.
2. The District Collector, Jodhpur.
3. Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : By post.
For Respondent(s) : Mr. Farzand Ali GA-cum-AAG
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 13/07/2021 The instant writ petition has been forwarded by the convict- petitioner Shrikant from prison seeking to assail the adverse recommendations dated 17.12.2019 passed by the District Parole Advisory Committee, Jalore whereby, the application for first parole filed by the convict-petitioner was dismissed.
The respondents have filed reply to the writ petition, in which, it is stated that the petitioner has been convicted and sentenced to life imprisonment for the murder of his own mother. He has served out sentence of 12 years, 4 months and 7 days as on 24.02.2021. His parole application was dismissed on the premise that he absconded from the Open Air Camp, Bichhwal, District Jalore on 02.07.2019 and could be re-arrested on (Downloaded on 13/07/2021 at 08:58:05 PM) (2 of 3) [CRLW-76/2021] 05.07.2019. An FIR No.165/2019 was registered at the Police Station Bichhwal against the convict-petitioner for the offence under Section 224 of the IPC, in which, he was convicted and awarded sentence, which has already been served by him. The report of the Social Welfare Department, Jalore indicates that the petitioner's brother and sister are living in an outside State. In case, the convict is released on parole, he may cause harm to other persons. Similar report has been submitted by the Superintendent of Police, Jalore. It is also expressed that if the convict is released on parole, there is every likelihood of his absconding.
Considering the peculiar facts of the case, we have directed by order dated 10.03.2021 that a Paralegal Volunteer shall visit the convict-petitioner at jail and apprise him of all these circumstances. In pursuance to this direction, the Paralegal Volunteer Shri Arjun Singh visited Central Jail, Jodhpur and has submitted a report, as per which, the convict apprised him that he is an unmarried man. His elder brother Jyoti Kumar Jain resides in Nellore South (Andhra Pradesh). His elder sister Pratibha has passed away and his brother-in-law Prakash Chandra Jain also resides in Nellore (Andhra Pradesh). His brother calls him once or twice in a year. He further apprised that there is no one in his family who can stand surety for him. The petitioner owns a house at Village Bagra, District Jalore, which is lying locked up for the last 10 years and its keys are lying at the Police Station Kotwali, Jalore. He owns a Motorcycle, Fridge, Television etc. The convict stated that if he is released on parole, he would visit his brother- in-law's house in Andhra Pradesh and would also take steps to repair his house. Regarding his abscondance from the Open Air (Downloaded on 13/07/2021 at 08:58:05 PM) (3 of 3) [CRLW-76/2021] Camp, Bichhwal, he stated that he was compelled to go village for having a look at his house and he voluntarily surrendered back at the Bikaner Jail on the 5th day. The convict himself has sent a letter to this effect, which has been placed on record by the said Paralegal Volunteer.
In view of these facts and as the convict-petitioner has remained in custody for more than 12 years, we deem it fit to give him one opportunity of reformation/reintegration in the Society by accepting this writ petition and directing his release on first parole of 20 days.
Accordingly, the instant writ petition is allowed. The recommendations dated 17.12.2019 are hereby quashed and struck down qua the convict-petitioner. The convict-petitioner Shrikant S/o Balchand @ Velchand shall be released on first parole of 20 days upon furnishing a personal bond in the sum of Rs.1,00,000/- to the satisfaction of the Superintendent, Central Jail, Jodhpur on usual terms and conditions. If the petitioner satisfactorily completes the period of first parole and surrenders back to prison on the scheduled date, his case shall be sympathetically considered for being sent him to the Open Air Camp, Bicchwal.
The writ petition is allowed in the above terms.
(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J
16-Mamta/-
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