Rajasthan High Court - Jodhpur
Jagdish vs State on 7 March, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 66/2019
Jagdish S/o Shri Sankar Lal Ji, Aged About 45 Years, B/c
Bargunda, R/o Station Nagar, P.s. Mandal, District Bhilwara.
(Convict/prisoner Satyanarayan @ Jitu S/o Shri Jagdish At
Present Lodged In Central Jail Ajmer)
----Petitioner
Versus
1. State, Through Secretary, Department Of Home,
Secretariat, Rajasthan, Jaipur.
2. The District Collector, Bhilwara.
3. The Superintendent, Central Jail, Ajmer.
----Respondents
For Petitioner(s) : Mr.KR Bhati & Mr.Jayant Joshi.
For Respondent(s) : Mr.SS Rajpurohit, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 07/03/2019
1. The instant writ petition has been filed by the father of convict Satyanarayan @ Jitu, who is languishing in Central Jail, Ajmer, being convicted for offence punishable under Sections 377 IPC and Section 3/4 of POCSO Act and sentenced with ten years' rigorous imprisonment for each offence respectively.
2. The Parole Committee has rejected the application only on the ground that he may abscond and there is likelihood of dispute with victim's family.
3. The Jail Department has submitted its reply.
4. This Court has considered the decision of Parole Committee rejecting the parole claimed. The convict has already undergone a sentence of 03 years 01 month and 07 days as on (2 of 2) [CRLW-66/2019] 14.2.2019. The Social Welfare department, Bhilwara in its report dated 20.11.2018 has recommended release of convict on parole on the condition that he would spend the time anywhere away from the Village Bargunda within the jurisdiction of P.S. Mandal. It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958. More so, ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can't be frustrated on the basis of vague and ill- founded reasons.
5. Accordingly, this petition is allowed. The respondents are directed to release convict-petitioner Satya Narayan & Jitu S/o Jagdish to avail 20 days first 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, Ajmer and an undertaking to the effect that he would spend the parole period anywhere away from the Village Bargunda within the jurisdiction of P.S. Mandal. 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.
(Dr. PUSHPENDRA SINGH BHATI),J 9-SPhophaliya/-
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