Rajasthan High Court - Jodhpur
Ghasi Nath vs State & Ors on 7 March, 2014
Author: Govind Mathur
Bench: Govind Mathur
D.B. Parole Writ Petition No.493/2014
Ghasi Nath v. State of Raj. & others
Date of Order: 07th March 2014
HON'BLE MR JUSTICE GOVIND MATHUR
HON'BLE MR JUSTICE V.K. MATHUR Ms Laxmi Ramawat, for the petitioner Mr S.K. Vyas, Government Advocate The petitioner Ghasi Nath s/o Bheem Nath, by caste Jogi, r/o Mori Beda, within the jurisdiction of Police Station- Nanana, District- Pali is undergoing life term imprisonment being convicted for offence punishable under secs.302 and 364, Indian Penal Code by the judgment dated 09th July 2008 passed by the learned Additional Sessions Judge, Bali, District- Pali.
The District Parole Advisory Committee, Pali in its meeting dated 22nd August 2013 allowed 30 days' second parole to the petitioner, subject to furnishing two sureties of Rs.25,000/- each and personal bond of the same amount. Being failed to furnish the sureties required, the petitioner has not yet been released from the State custody. By this petition for writ, he is seeking a direction for the respondents to release him on parole by furnishing personal bond only.
We have considered facts of the case and the rival submissions. The petitioner availed first regular parole for a period of 20 days in the year 2012 by furnishing a personal bond of Rs.50,000/- only. Suffice to mention that earlier too the District Parole Advisory Committee awarded first regular parole to him subject to furnishing sureties as well as personal bond but the convict-prisoner being not in position to furnish the same, preferred a petition for writ WP No.447/2012- Ghasi Nath v. State to have a direction for his release by furnishing personal bond only. The writ petition aforesaid came to be accepted on 24th January 2012.
Accordingly, the Superintendent, Central Jail, Jodhpur vide order dated 31st January 2012 released the petitioner on parole on furnishing personal bond in a tune of Rs.50,000/-. The Superintendent while releasing the petitioner on parole also imposed condition about his reporting to Police Station concerned and also to the office of Social Welfare Department. The petitioner adhered the conditions and reported to State custody within the period prescribed.
In the instant case also, parole was awarded to the petitioner much back in the month of August 2013, but he failed to avail the same so far. This fact, in itself is sufficient to establish that the petitioner is not in position to provide required sureties.
Having considered the same, we deem it appropriate to allow this petition for writ. Accordingly, the same is allowed. The respondents are directed to release the petitioner on parole for a period of 30 days as per provisions of the Rajasthan Prisoners Release on Parole Rules, 1958, provided he furnishes personal bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Jodhpur. The Superintendent, Central Jail, Jodhpur shall also be at liberty to impose reasonable and adequate conditions while releasing him to avail second regular parole of 30 days to ensure his return to the State custody.
[V.K. MATHUR],J. [GOVIND MATHUR],J.
mma
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