Rajasthan High Court - Jaipur
Sitaram vs State (Home Department)Ors on 19 April, 2012
Author: Dalip Singh
Bench: Dalip Singh
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Civil Writ Petition [Parole] No.4002/2012 Sita Ram Versus State & Ors. DATE OF ORDER : 19/04/2012 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. Lakhan Singh Tomar, for petitioner
Mr. J.R. Bijarnia, Addl. GA, for the State *** This petition has been filed by the petitioner, Sitaram for being released on second regular parole as we find that his application was dismissed by the Advisory Committee vide Annexure-1 minutes of the meeting held on 11th October, 2011.
Notice was given to the respondents, who have submitted their reply. Along with the reply, the respondents have filed the necessary documents.
As per the nominal roll (Annexure-R/1), the conduct of the petitioner in jail has been certified to be satisfactory. The Social Welfare Officer has recommended the case of the petitioner for being released on parole. The Superintendent of Police, Tonk, on the other hand, expressed apprehension vide his letter dated 01.09.2011 (Annexure-R/2) and has also alleged that the complainant party who are the victims had complained that when the petitioner came on parole earlier he had threatened the victim and the complainant party.
Learned Counsel for the petitioner submitted that there is nothing on record to support what has been stated in the letter of the Superintendent of Police as no such report by way of Rojnamcha or FIR at any Police Station has been produced before this Court.
We have considered the aforesaid submissions and we are of the view that since this is second application for grant of parole, the co-accused has already been released on parole and he has surrendered in time. The petitioner was earlier granted parole for 20 days and he has also surrendered before the jail authorities. However, in view of the letter of the Superintendent of Police and what has been stated by the Social Welfare Officer and Probation Officer in his letter dated 01.08.2011 that wife of the petitioner is residing at her parental home and not at the matrimonial home while allowing this petition, we would direct that the petitioner shall spend the period of his parole along with his family at the house of the in-laws where his wife is residing and not at his own village, Tan Jagatpura, Police Station Niwai, District Tonk.
Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Ajmer to immediately release the petitioner namely; Sitaram S/o Shri Govinda on second regular parole for a period of 30 days, which shall commence from the date of his release, upon furnishing personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Ajmer on usual terms and conditions and as per rules. The Superintendent, Central Jail, Ajmer shall also fix the date for surrender of the accused-petitioner.
[S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA4002DBCW(parole)2012 19-04.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A.