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Rajasthan High Court - Jodhpur

(Sajid Khan vs . State) on 9 March, 2015

Bench: Gopal Krishan Vyas, Anupinder Singh Grewal

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

            D.B. PAROLE WRIT PETITION NO. 1446/2015
                      (Sajid Khan Vs. State)

                    Date of Order   ::   09.03.2015

       HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
     HON'BLE MR JUSTICE ANUPINDER SINGH GREWAL


 Mr. S.K. Vyas, Government Counsel.
                           ====

Before filing the present parole petition, prisoner Sajid khan @ Babuda S/o Shahjad preferred D.B. Parole Writ Petition No. 14511/2013 in which the co-ordinate Bench passed following order :-

"The petitioner-convict prisoner by this petition for writ is claiming a direction for respondents to grant him 20 days first regular parole as per provisions of the Rules of 1958. His case was considered by the District Parole Advisory Committee, Sikar in its meeting dated 13.11.2013.
It is submitted by learned Government Advocate after availing necessary instructions from the Superintendent, Central Jail, Bikaner that the jail conduct of convict prisoner in the years 2012 and 2013 was satisfactory. It is also pertinent to point out that the petitioner has also served sentence awarded for the offence punishable under Section 224 IPC.
Looking to this factual background while keeping this petition for writ pending, we deem it appropriate to direct the District Parole Advisory Committee, Sikar to reconsider the case of petitioner for grant of first regular parole by taking into consideration the fresh reports to be obtained from the authorities concern. The consideration is required to be made on or before 30.04.2014."

The District Level Parole Committee, Sikar again considered the case of petitioner in its meeting held on 22.09.2014 but rejected on same grounds which were incorporated in the reply filed by the respondent State in earlier writ petition. In our opinion, the impugned order dated 22.09.2014 qua the petitioner is hereby quashed and it is ordered that petitioner may be released on parole for 20 days upon furnishing personal bond of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the Superintendent, Central Jail, Bikaner and petitioner is directed to surrender before the Superintendent, Central Jail, Bikaner after 20 days from the date of his actual release.

(ANUPINDER SINGH GREWAL), J. (GOPAL KRISHAN VYAS), J. bjsh