Rajasthan High Court - Jodhpur
Smt Raku vs State Of Rajasthan on 12 October, 2018
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 346/2018
Smt Raku W/o Shri Lala, Aged About 35 Years, B/c Kalbeliya, R/o
Chobeji Ka Kanthariya, P.s. Bhadesar, District Chittorgarh (Raj.).
(Prisoner Lala S/o Mohan @ Chandriya At Present Lodged In
Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home (Group-12), Secretariat, Rajasthan, Jaipur.
2. The Director General (Jails), Jaipur.
3. The District Collector, Chittorgarh.
4. The Superintendent, District Jail, Udaipur.
----Respondents
For Petitioner(s) : Mr. K. R. Bhati
For Respondent(s) : Mr. J. P. Bhardwaj, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 12/10/2018 The petitioner is wife of convict-prisoner and has preferred the present petition for grant of permanent parole to her husband.
Reply has been filed.
As per the reply, the matter was sent to the State Level Parole Committee which held its meeting on 30.08.2018. The District Magistrate and Superintendent of Police, Chittorgarh have given report that the prisoner is involved in criminal activities and has not recommended grant of permanent parole.
Reliance is placed on Section 9 of the Rajasthan Prisoners Release on Parole Rules, 1958, which reads as under :
(2 of 3) [CRLW-346/2018] "A prisoner, who has completed with remission, if any, [onefourth] of his sentence and subject to good conduct in the Jail, may be released on Ist parole for 20 days including days of journey to home and back, and for 30 days on 2nd parole provided his behaviour has been good during Ist parole and for 40 days on third parole provided his behaviour has been good during the second parole. If during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not he is not likely to replace into crime, his case may be recommended to the Government through the 3 [State Committee] for permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned; the Chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In case the permanent release on parole is rejected, the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining period of his sentence."
In the case of the convict-prisoner too, the parole has not been rejected on merit but only on the ground stated above. No other reason has been given for not recommending his release on parole.
The prisoner was convicted for the offences under Sections 147, 450, 395, 376/149 & 323 of the IPC and sentenced to undergo rigorous imprisonment for a period of 10 years, out of which, he has already undergone the sentence of 09 years and 01 months and 06 days (including jail remission) as on 03.10.2018, which is not in dispute.
In view of the above, the present petition for grant of permanent parole is allowed and the Superintendent, Central Jail, (3 of 3) [CRLW-346/2018] Udaipur is directed to release convict/prisoner Lala S/o Mohan @ Chandriya from jail on permanent parole, if not required in any other case, on his furnishing a personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each (out of which one surety will be of close family member) to the satisfaction of the Superintendent, Central Jail, Udaipur with the usual condition enshrined in Rule 9 of the Rules and as may be prescribed by the concerned Superintendent of Jail.
A copy of this order be given to the learned Public Prosecutor and be also sent to the concerned Superintendent of Jail.
(VINIT KUMAR MATHUR),J Solanki Sunil/-
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