Rajasthan High Court - Jodhpur
Ganesh vs State Of Raj on 16 January, 2014
Author: Govind Mathur
Bench: Govind Mathur
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D.B. CIVIL WRIT (PAROLE) PETITION NO.14524/2013
Ganesh
Vs.
The State of Rajasthan & Ors.
DATE OF ORDER : 16.01.2014
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE ATUL KUMAR JAIN
BY POST.
Mr. KR Bishnoi, Addl. Government Advocate.
...
A letter addressed to this Court by convict prisoner Ganesh S/o. Rammohan Sarkar presently lodged at Central Jail, Bikaner is treated as petition for writ.
The facts necessary to be noticed for adjudication of present petition are that the learned Special Judge (SC/ST) Court Cases, Jaipur by the judgment dated 13.11.2001 convicted the petitioner for the offence punishable under Section 302 read with 34 Indian Penal Code and sentenced him to undergo life term imprisonment with fine. An appeal preferred by him also came to be rejected by Division Bench of this Court on 25.10.2005.
The petitioner has already served sentence for a period of 18 years 06 months and 02 days as on 24.12.2013. His case for grant of permanent parole as per provisions of Rajasthan Prisoners Release on Parole Rule, 1958 ( for short, 'the Rules of 1958') was considered by Competent Committee in its meeting dated 1.10.2013. The committee awarded permanent parole to him subject to his furnishing two sureties of Rs.50,000/- each and a personal bond of the same amount.
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As per the averments contained in the petition, the petitioner is coming from lower echelons of the society and he is not in a position to furnish the sureties as desired. He has prayed to release him on permanent parole by furnishing a personal bond only.
We have considered all the relevant facts. The petitioner is behind the bars from last more than 18 years and 06 months. He has also earned State as well as jail remission satisfactorily. His jail conduct was also found satisfactory. Thus, the State Level Parole Committee granted him permanent parole. The convict prisoner belongs to the State of West Bengal and admittedly he failed to avail permanent parole though the same was granted by the State Level Parole Committee in its meeting dated 1.10.2013. This facts clearly indicates his poor economic condition.
Looking to all the facts stated above, we are of the view that the petitioner deserves to be released on permanent parole by furnishing a personal bond only.
Accordingly, this petition for writ is allowed. The respondents are directed to release the petitioner Ganesh S/o. Rammohan Sarkar on permanent parole, provided he furnishes a personal bond in a sum of Rs. 25,000/- to the satisfaction of the Superintendent Central Jail, Bikaner.
[ATUL KUMAR JAIN], J. [GOVIND MATHUR], J. Sanjay