Rajasthan High Court - Jodhpur
Rajni Devi vs State & Ors on 15 January, 2014
Author: Govind Mathur
Bench: Govind Mathur
1
D.B. CRIMINAL PAROLE WRIT PETITION NO.14139/13
(Smt. Rajni Devi Vs. State of Raj .& Ors.)
DATE OF ORDER :: 15.1.2014
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE ATUL KUMAR JAIN
Mr. S.R. Godara, for the petitioner.
Mr. KR Bishnoi, Addl. Government Advocate.
...
The petitioner Smt. Rajni Devi is wife of Ajay Kumar @ Jagveer Singh, a convict prisoner serving life term imprisonment at Open Air Camp, Alwar. His case for grant of parole, as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958') was considered by District Parole Committee, Bikaner in its meeting dated 30.9.2013. The committee granted thirty days parole subject to furnishing two sureties of Rs. 50,000/- and a personal bond of Rs. 1,00,000/- subject to the satisfaction of the District Magistrate of the District to which the convict prisoner belong. The convict prisoner is resident of Majhola, P.S. Hathras Junction District Hathras (U.P.), but as per the petitioner, the family of the convict has settled at Butto Ka Bass, Near Ganganagar Circle, P.S. Sadar Bikaner, Tehsil and District Bikaner, thus his permanent address be changed.
An application in this regard is also preferred. Having considered the facts averred in the 2 application, which is supported by an affidavit sworn in by Smt. Rajni Devi, the address of the petitioner in the record of the writ petition is changed as desired.
We have also considered the case of the petitioner as addressed in this petition for writ.
Briefly stated, facts of the case are that Ajay Kumar @ Jagveer Singh is undergoing life term imprisonment being convicted for an offence punishable under Section 302 IPC. An appeal preferred by him giving challenge to the conviction recorded and sentence awarded also came to be rejected by this Court.
Be that as it may, the District Parole Advisory Committee, Bikaner has also awarded thirty days parole to the convict prisoner Ajay Kumar subject to furnishing sureties and personal bond, required to be verified by the District Magistrate of the District where the prisoner resides.
The prisoner though belong to District Hathras (U.P.), but his family has now been settled at Bikaner, therefore, we are of the opinion that case of the prisoner is also required to be considered at par with the prisoners, who are resident of District, Bikaner.
According the writ petition is allowed, the convict prisoner Ajay Kumar @ Jagveer Singh, let he be released on thirty days parole provided he furnishes the sureties and personal bond as desired by the District 3 Parole Advisory Committee, Bikaner in its meeting dated 30.9.2013 subject to the satisfaction of District Magistrate, Bikaner.
[ATUL KUMAR JAIN], J. [GOVIND MATHUR], J. arti sr.no.25