Rajasthan High Court - Jaipur
Pawan Kumar. vs State Of Rajasthan & Others. on 14 August, 2015
Bench: Ajay Rastogi, Anupinder Singh Grewal
D.B.Civil Writ Petition (Parole) No.9279/2015. Pawan Kumar. VERSUS State of Rajasthan & Others. 14.08.2015. HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE ANUPINDER SINGH GREWAL Mr.Govind Prasad Rawat, Adv.for petitioner.
Mr.B.N.Sandu, Govt.Advocate-cum-Addl.Adv.General.
Mrs.Meenakshi Pareek, Dy.Govt.Counsel.
***** Instant petition has been filed by the convict-petitioner Pawan Kumar S/o Shri Balwant Singh, who was granted fifth regular parole for a period of 40 days by the District Parole Advisory Committee, Bharatpur in its meeting dt.09.03.2015 but with the condition that he must furnish a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each.
The petitioner on being convicted for offence u/Sec.302, 394 & 397 IPC and 3/25 Arms Act in Sessions Case No.3/2002 by the Additional Sessions Judge (Fast Track) No.1, Bharatpur vide judgment dt.27.01.2003, is serving life sentence in Central Jail, Sewar, Bharatpur and has undergone sentence of 18 years, 8 months & 13 days as on 11.07.2015, as per the nominal roll on record.
His grievance appears to be that because of heavy bail bonds on which he was granted fifth regular parole by the District Parole Advisory Committee which he is unable to fulfill, on account of non-compliance of the surety bonds, which he has been called upon to furnish, he could not avail the fifth regular parole of 40 days which on merits has been recommended by the District Parole Advisory Committee.
We have heard counsel for the parties and find that such exorbitant sureties which are being called upon by the District Parole Advisory Committee does not appear to be justified and its object is to ensure presence of the convict petitioner and it must be kept in mind that the surety or personal bond are to the extent which may ensure presence of the convict and there appears no justification to grant parole with such heavy bail bonds which one may be unable to furnish and that certainly deprives one in seeking parole to which he is entitled for under the scheme of Rules, 1958.
Consequently, the instant writ petition stands allowed and we direct the respondents to grant fifth regular parole for a period of 40 days to the petitioner (Pawan Kumar S/o Shri Balwant Singh) on the recommendations made by the District Parole Advisory Committee, Bharatpur dt.09.03.2015 with the modification that instead of furnishing a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each, the petitioner may now furnish his personal bond besides one surety of Rs.25,000/-. The order may be complied with by the Superintendent, Central Jail, Sewar, Bharatpur keeping in view the observations made supra.
A copy of this order be sent to the petitioner through jail authority for compliance. No costs.
(ANUPINDER SINGH GREWAL),J. (AJAY RASTOGI),J. All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A