Rajasthan High Court - Jodhpur
Sukhveer @ Kulli vs State & Ors on 16 March, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writs No. 48 / 2018
Sukhveer @ Kulli
----Petitioner
Versus
State & Ors.
----Respondents
_____________________________________________________
For Petitioner(s) : By Post.
For Respondent(s) : Mr. S.K. Vyas.
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 14/03/2018
1. The writ petitioner is struggling to avail benefit of first parole. Concededly, he became entitled to be considered for being released on first parole for a period of 20 days. Writ petition No.4151/2016 filed by the petitioner was disposed of on 16 th May, 2016 noting that the petitioner had not filed any application seeking parole and had directly approached the Court. The Court directed that writ petition be treated as an application for grant of parole. Thereafter, parole was rejected on 20 th June, 2016 on account of no report being received from the Superintendent of Police, Firozpur and District Magistrate, Firozpur. Suffering life sentence in State of Rajasthan the petitioner has his roots in Abohar, District Firozpur in the State of Punjab.
2. The second writ petition No.13378/2016 was disposed of on 1st December, 2016 directing that the district level parole (2 of 2) [CRLW-48/2018] committee shall ensure report being received from the Superintendent of Police Firozpur and District Magistrate, Firozpur and then decide again.
3. Parole has been denied once again vide order dated 04.01.2017, recording that report received from the police authorities in Firozpur is that there is likelihood of breach of peace if the petitioner is released on parole. That the petitioner is a dangerous person. That petitioner may abscond. The order records that no report has been received from the District Magistrate, Fazilka.
4. On what fact the police authorities in police authority in Firozpur expressed opinion of breach of peace or petitioner absconding has not been recorded. On what basis it has been said that the petitioner is a dangerous person has not been recorded.
5. The petitioner has suffered an actual sentence of 12 years 3 months and 10 days with remission period. The petitioner would be entitled to first parole for a period of 20 days and thus we dispose of the petition that upon the petitioner furnishing a personal bond in sum of ₹50,000/- with two sureties in the like amount, one surety being a local surety, to the satisfaction of the Superintendent Central Jail Bikaner, he shall be released on first parole for a period of 20 days.
(VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ. Ashutosh