Rajasthan High Court - Jodhpur
Bega Ram vs State Of Raj on 1 February, 2012
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
D.B. Cr Parole Writ Petition No.415/2012
Bega Ram v. State of Raj. & ors
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43 D.B. Cr Parole Writ Petition No.415/2012
Bega Ram v. State of Raj. & ors
Date of Order: 1st February 2012.
HON'BLE MR JUSTICE DINESH MAHESHWARI
HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II By post Mr K.R. Bishnoi, Addl. Govt. Counsel A letter, addressed to this Court by the convict Bega Ram son of Kana Ram Meghwal is treated as a petition for writ seeking 20 days' parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958' herein after).
It is stated in the letter petition that the petitioner is behind the bars for more than 5 years and as such, he is entitled for first regular parole in accordance with the Rules of 1958. It is also submitted that the petitioner seeks to avail of the parole so as to take care of the requirements of his family including attending on his old aged mother and younger children; and that the parole has been denied to him on baseless and rather extraneous considerations.
A reply to the petition has been filed on behalf of the respondents not denying that the petitioner is eligible to be considered for grant of parole as he has already served the sentence for a term of 05 years, 11 months and 28 days including jail remission of 08 months and 06 days.
So far as the jail conduct of the petitioner-prisoner is concerned, nothing adverse has been reported. However, the only reason for denying parole has been the negative report D.B. Cr Parole Writ Petition No.415/2012 Bega Ram v. State of Raj. & ors 2 from the concerned Superintendent of Police and the concerned Social Welfare Officer.
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. We are unable to find any cogent and convincing reason for denying parole to the petitioner when he is otherwise eligible and entitled therefor.
The reports as placed on record are rather cursory and cryptic where it is suggested that there was likelihood of breach of peace in the locality if the petitioner is released on parole. Maintaining of law and order is definitely the responsibility of the authorities concerned but for that matter, and on such vague and uncertain suggestions, the petitioner cannot be denied the right of parole.
Accordingly, this parole petition is allowed. The petitioner- prisoner Bega Ram son of Kana Ram Meghwal 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/- (Rupees Twenty Five Thousand only) each, to the satisfaction of Superintendent, Central Jail, Ajmer, who may impose other conditions in accordance with the Rules of 1958. It is made clear that the parole term of 20 days shall be counted from the date of actual release of the petitioner. [NARENDRA KUMAR JAIN-II],J. [DINESH MAHESHWARI],J. cpgoyal/-