Rajasthan High Court - Jodhpur
Smt Raju Kanwar vs State & Ors on 15 May, 2018
Bench: Sangeet Lodha, Virendra Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writs No. 146 / 2018
Smt. Raju Kanwar W/o Dhanne Singh, By Caste Rajput, R/o
Jandwa, P.S. Ratangarh, District Churu. (Convict/prisoner Dhanne
Singh S/o Shri Chain Singh At Present Lodged in Central Jail
Bikaner)
----Petitioner
Versus
1. State of Rajasthan Through Special Officer (Home) (Jail),
Group-12, Rajasthan, Jaipur.
2. The District Collector, Churu.
3. The Superintendent, Central Jail, Bikaner.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. K.R.Bhati
For Respondent(s) : Mr. S.K.Vyas, AAG cum Govt. Advocate
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR Order 15/05/2018 This petition is preferred by the petitioner Smt. Raju Kanwar wife of convict Dhanne Singh, for his release on first parole for 20 days, who is presently lodged in Central Jail, Bikaner undergoing sentence of life imprisonment.
The application preferred by the convict has been rejected by the District Level Parole Advisory Committee by its decision dated 9.2.18 observing that against the convict Dhanne Singh, two more cases being Case No.185/2000 for offences under Sections 323, 147, 148, 149 IPC and Case No. 293/11 for the offences under (2 of 3) [CRLW-146/2018] Sections 452, 323 and 143 IPC are pending trial before the criminal Court of competent jurisdiction. That apart, it is observed that there exists dispute regarding land between the convict and the complainant and therefore, the possibility of occurrence of untoward incident at the instance of the complainant cannot be ruled out.
Learned counsel appearing for the petitioner contended that merely because two more cases are pending against the convict, he cannot be denied benefits of the parole under the Rajasthan Prisoners Release on Parole Rules, 1958. Learned counsel would submit that the dispute between the complainant and the convict regarding the land also cannot be a ground for rejection of the parole.
Learned Government Advocate has opposed the grant of parole, however, fairly submitted that the conduct of the accused during his stay in jail is reported to be good.
On the facts and in the circumstances of the case, we are of the considered opinion that the convict has been denied the benefit of parole without there being any justifiable reason and therefore, the prayer for his release on first parole for 20 days deserves to be allowed.
Accordingly, the petition is allowed. The decision of the District Level Parole Advisory Committee dated 9.2.18 denying first parole to the convict Dhanne Singh, is set aside. The convict Dhanne Singh S/o Chain Singh shall be released on first parole for a period of 20 days on furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each on (3 of 3) [CRLW-146/2018] reasonable terms and conditions to be determined by the Superintendent, Central Jail, Bikaner for the security of the convict so also to ensure his return to jail after availing the parole. (VIRENDRA KUMAR MATHUR), J. (SANGEET LODHA), J. rp78