Rajasthan High Court - Jodhpur
Bheru Das vs State Of Rajasthan on 10 June, 2020
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Criminal Writ Petition No. 157/2020
Bheru Das S/o Shri Bhanwar Das, Aged About 25 Years, At
Present Lodged In Central Jail, Udaipur Through His Mother
Manju Bai W/o Shri Bhanwar Das, Aged About 50 Years, R/o
Village Dhurawad, P.s. Charbhuja, District Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Of Home
Department Jaipur (Raj.).
2. The District Collector, Rajsamand.
3. The Superintendent, Central Jail, Udaipur.
----Respondents
For Petitioner(s) : None.
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 10/06/2020 Lawyers are not appearing in the court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
Heard Mr. Kalu Ram Bhati, learned counsel for the petitioner through Jitsi Meet Application.
The instant petition has been filed by the convict-prisoner who is lodged at Central Jail, Udaipur through his mother for releasing him on first parole for a period of 20 days. The convict- prisoner is undergoing the sentence awarded to him by the court of learned Special Judge, POCSO, Rajsamand in case No.54/2018 for the offences under sections 376 (2) (i) (e), 366A, 363 of IPC. (Downloaded on 11/06/2020 at 08:33:39 PM)
(2 of 3) [CRLW-157/2020] A reply to the writ petition has been filed by the respondent State contending that the convict- prisoner has committed a heinous offence of sexual assault and there is feeling of vengeance in the victim side. Apprehension of absconsion of the convict- prisoner is also mentioned in the reply. However, both the submissions made by the respondent State in the reply are without any foundation.
It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can't be frustrated on the basis of vague and ill-founded reasons.
The petitioner is also eligible for release on parole as per rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958 which is quoted as under:-
14. Ineligibility for release. - The following clauses of prisoners will ordinarily not be eligible for release on parole.
(a) Persons whose ordinary place of residence is outside the State of Rajasthan or who have been convicted by a court Martial or a Court of another State;
(b) Persons convicted under the Explosive Substances Act, 1908;
(c) Prisoners who have escaped from the Jail or Police custody or attempted to escape;
(d) Persons who have been convicted for offences under sections 121 to 140, 216A, 302, 303, 311, 328, 332, 364, 386, 387, 388, 389, 392, 393, 394, 396, 397, 398, 399, 400, 401, 402, 413, 455, 458, 459 and 460 of the Indian Penal Code, 1860; unless they have undergone 3 [one fourth] of the sentence including remission and the Superintendent of Jail recommends the case in consultation with the District Magistrate with special reasons therefore, in granting parole to prisoners sentenced u/s. 302 IPC, the circumstances of the case under which the murder was committed, such as murder committed for possession of land or over honour of women or as a result of family feuds shall be kept in view and favourably considered for parole.
Accordingly, this petition is allowed. The respondents are directed to release convict-prisoner Bheru Das S/o Shri Bhanwar Das to avail 20 days first parole as per provisions of the Rules of 1958 provided he furnishes two sureties in a sum of Rs.25,000/- (Downloaded on 11/06/2020 at 08:33:39 PM)
(3 of 3) [CRLW-157/2020] each and a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Udaipur. The Superintendent, Central Jail concerned will give a date for surrender of convict and shall also be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole. A copy of this order may be sent to the convict.
(VINIT KUMAR MATHUR),J 55-AnilSingh/-
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