Rajasthan High Court - Jodhpur
Smt Manju Devi vs State on 2 September, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 328/2019
Smt Manju Devi W/o Shri Net Ram, Aged About 44 Years, B/c
Jat, R/o Ward No. 4, 75 Lnp, Ratanpura, District Sri Ganganagar,
Rajasthan. Convict Net Ram S/o Shri Shyopa Ram, Lodged In
Central Jail Sri Ganganagar, District Sri Ganganagar, Rajasthan.
----Petitioner
Versus
1. State, Through The Secretary, Department Of Home,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. District Collector And District Magistrate, Sri Ganganagar,
Rajasthan.
3. Superintendent, Central Jail, Sri Ganganagar, District Sri
Ganganagar, Rajasthan.
----Respondents
For Petitioner(s) : Mr.S.R. Godara
For Respondent(s) : Mr. Sudheer Tak, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 02/09/2019
1. The matter comes up on denial of first parole.
2. The husband of the petitioner was convicted for the offences under Sections 304/149, 365, 147, 148, 323/149 and 341/149 of IPC and was sentenced to undergo for seven years' rigorous imprisonment in Case No.8/2017 vide judgment dated 02.03.2019 passed by learned Additional District and Sessions Judge, Sri Karanpur. The petitioner has already undergone the sentence of 2 years, 9 months and 12 days uptill 02.08.2019.
3. Learned counsel for the petitioner has demonstrated from the record that the only principle ground of denial parole to (Downloaded on 03/09/2019 at 08:50:39 PM) (2 of 2) [CRLW-328/2019] the petitioner's husband-Net Ram was that he and the complainant were residing in the same village and there shall be an adverse impact on the peace of the village.
4. Learned counsel for the petitioner submits that maintaining law and order is the duty of the respondents, and that parole, which is a statutory right, cannot be denied only on aboev ground.
5. Learned counsel for the petitioner further submits that an apprehension of convict-prisoner absconding has also been raised, which is without any substance.
6. Learned Public Prosecutor however, submits that releasing convict-Net Ram would be detrimental to the law and order but is not in a position to explain the circumstances in which, it has been observed that Net Ram may abscond in the event of his release on parole.
7. Accordingly, this petition is allowed. The respondents are directed to release the convict Net Ram S/o. Sh. Shyopa Ram to avail 30 days second parole as per provisions of the Rules of 1958 provided he furnishes 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, Sri Ganganagar. 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 State custody after availing the parole. A copy of this order may be sent to the convict.
(DR. PUSHPENDRA SINGH BHATI),J 40-Zeeshan/-
(Downloaded on 03/09/2019 at 08:50:39 PM) Powered by TCPDF (www.tcpdf.org)