Rajasthan High Court - Jodhpur
Om Prakash @ Omi vs State Of Raj on 9 July, 2012
Bench: Dinesh Maheshwari, R.S.Chauhan
D.B. CRIMINAL PAROLE PETITION NO.5510/2012
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D.B. CRIMINAL PAROLE PETITION NO.5510/2012
Om Prakash Vs. State of Rajasthan & Ors.
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Date of Order :: 9th July 2012.
HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE R.S.CHAUHAN By post Mr.K.R.Bishnoi, Government Counsel <<>> A letter, addressed to this Court by the convict-prisoner Om Prakash alias Omi son of Shadi Ram, is treated as the petition seeking 20 days' parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958' hereinafter).
It is stated in the letter petition that the petitioner is entitled for first regular parole in accordance with the Rules of 1958 but his prayer has been declined by the District Parole Committee, Hanumangarh in its meeting dated 30.12.2011 on the adverse report that if he goes to his family members, there would be a likelihood of breach of peace and danger to his life. The petitioner has filed a copy of affidavit of his brother Daulat Ram stating, inter alia, that there was no danger to him from the family members.
D.B. CRIMINAL PAROLE PETITION NO.5510/2012 2 A reply to the petition has been filed on behalf of the respondents stating that the District Parole Committee, Hanumagarh considered the parole application of the prisoner in its meeting dated 30.12.2011 and dismissed the same on the adverse report of the Superintendent of Police, Hanumangarh. It is, however, stated that as on 11.06.2012, the petitioner has served actual sentence of 5 years 10 months and 15 days and inclusive of remission, he has served for about 6 years 4 months and 15 days . The case of the petitioner for grant of parole has been rejected by the District Parole Committee in its meeting dated 30.12.2011 with reference to the generalised suggestions about breach of peace upon his availing parole; and with the observations that there would be a danger to the prisoner himself who was an unmarried person and the other members of the family were residing together including the wife of the victim and her children. It has also been cursorily suggested that there was likelihood of the prisoner not returning after parole.
We have considered all the facts and circumstances of the case. It is well settled that the object for grant of parole is to make necessary efforts to rehabilitate a convict-prisoner in the main- stream of society. Maintaining of law and order and prevention of breach of peace are the aspects required to be taken care of by the D.B. CRIMINAL PAROLE PETITION NO.5510/2012 3 authorities concerned but on such vague and uncertain suggestions as noted above, the petitioner cannot be denied parole when he is otherwise eligible and entitled therefor. So far the aspect of prisoner's returning to jail after parole is concerned, necessary reasonable conditions can always be imposed for the purpose.
The petitioner has also sent an affidavit sworn by his brother Daulat Ram on 05.05.2012 stating that there was no danger to the prisoner from the family members or vice versa.
In the totality of circumstances, we are of the view that the petitioner, whose entitlement for parole has, otherwise, not been denied, may be allowed to avail his first parole for 20 days while imposing reasonable conditions. In relation to furnishing of bonds and sureties, while fixing the amount thereof, we feel that a condition of at least one person of the family standing as surety for the petitioner may be imposed in this particular case while leaving it at the discretion of the concerned Jail Superintendent to impose other conditions as considered fit and necessary.
Accordingly, this parole petition is allowed. The petitioner- prisoner Om Prakash alias Omi son of Shadi Ram is ordered to be released on regular parole for a term of 20 days provided he furnishes personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with two sureties in the sum of Rs.25,000/-
D.B. CRIMINAL PAROLE PETITION NO.5510/2012 4 (Rupees Twenty Five Thousand only) each, to the satisfaction of Superintendent, Central Jail, Bikaner but subject to the condition that at least one surety shall be the person belonging to the family of the prisoner or the person who has filed the affidavit in support of the prisoner. It is also made clear that the Superintendent, Central Jail, Bikaner shall be free to impose other terms and conditions in accordance with the Rules of 1958 before releasing the petitioner. However, the parole term of 20 days shall be counted from the date of actual release of the petitioner.
MK (R.S.CHAUHAN),J. (DINESH MAHESHWARI),J.