Rajasthan High Court - Jaipur
Hariom S/O Shri Badan Singh B/C Jat vs State Of Rajasthan on 27 November, 2018
Author: Munishwar Nath Bhandari
Bench: Munishwar Nath Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ No. 1049/2018
Hariom S/o Shri Badan Singh, B/c Jat, R/o Village Uncha Nagla,
Police Station Chiksana, District Bharatpur, Raj. (At Present
Confined In Central Jail, Bharatpur).
Through His Cousin Brother- Deepak Dhankar S/o Shri Ajay
Singh Dhankar B/c Jat, Aged About 26 Years, R/o Old Bayana
Bus Stand Roopla Paysa, Police Station Atalband, District
Bharatpur, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General, Prison,
Jaipur.
2. District Parole Advisory Committee, Through The District
Magistrate, Bharatpur.
3. Superintendent, Central Jail, Bharatpur.
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Pankaj Sisodia, AGA for Mr. B.N. Sandu, AAG HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 27/11/2018 This writ petition has been filed to seek first parole under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short "the Rules of 1958").
The petitioner submitted an application for grant of parole. It is stated that petitioner has already served one fourth of sentence thus entitled to get first parole under the Rules of 1958. It has been denied due to adverse police report though it is not (2 of 3) [CRLW-1049/2018] supported by any material. The Superintendent Central Jail, Bharatpur and Probation and Jail Welfare Officer, Bharatpur have also given adverse report. They have apprehended that if victim is released on parole, he may cause disturbance of law and order system for the reason that victim and other party reside in one and the same village. The aforesaid is contested by learned counsel for the petitioner. He submits that if the plea taken by respondents is accepted then in no case parole would be granted.
Learned Assistant Government Advocate has opposed the parole.
We have considered rival submissions of the parties. We find that S.P., Bharatpur, Superintendent Central Jail, Bharatpur and Probation and Jail Welfare Officer, Bharatpur have given adverse report for grant of parole. The apprehension has been shown that if the accused is released on parole, he may cause disturbance in law and order system on the ground that complainant and accused party reside at one and the same place. The jail conduct of petitioner has been shown adverse. The apprehension drawn by respondents cannot be accepted and if it is allowed then parole can be granted in such cases.
In view of the above, we accept the prayer made in the writ petition.
Accordingly, we allow this writ petition and direct the Superintendent, Central Jail, Bharatpur to release the petitioner namely, Hariom S/o Shri Badan Singh, on first parole for a period of 20 days, which shall commence from the date of his release, upon furnishing his personal bond of Rs.50,000/- and one surety in the like amount to the satisfaction of the Superintendent, Central Jail, Bharatpur with the stipulation that he shall surrender (3 of 3) [CRLW-1049/2018] himself and return back to the Central Jail, Bharatpur. He shall maintain peace and tranquility during the period of parole which will include journey period also. In case, he fails to surrender on the stipulated day, the jail authority shall proceed in accordance with law.
The petitioner is, however, directed to mark his attendance on every third day at Police Station, Chiksana, District Bharatpur where he would remain during the period of parole. (BANWARI LAL SHARMA),J (M.N. BHANDARI),J S. Kumawat/18 Powered by TCPDF (www.tcpdf.org)