Rajasthan High Court - Jaipur
Ram Niwas vs State Of Raj And Ors on 8 January, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Writ Petition No. 22943 / 2017
Ram Niwas S/o Sh. Jagdish Prasad, B/c Jat, Aged About 31 Years,
R/o Village Badet, P/s Malsisar District Jhunjhunu (Raj.) (At
Present confined in Central Jail Bikaner) Through His Mother :-
Smt. Mani W/o Let. Shree Jagdish Prasad, Aged About 56 Years
B/c Jat, R/o Village Badet, P/s Malsisar District Jhunjhunu (Raj.)
----Petitioner
Versus
1. State of Rajasthan Through Inspector General, Prison, Jaipur.
2. The District Parole Advisory Committee Through the District
Magistrate, Jhunjhunu.
3. The Superintendent, Central Jail, Bikaner.
----Respondents
_____________________________________________________ For Petitioner(s) : Shri B.R. Chaudhary For Respondent(s) : Shri Pankaj Sisodiya, Asstt. Govt. Advocate _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 08/01/2018 This writ petition has been filed by the petitioner, who was convicted for offence u/s.302 IPC by the trial court vide judgement dated 16.3.2011 and was sentenced to life imprisonment. Petitioner has filed the appeal against the order before this Court, which is still pending.
It is contended that since petitioner is behind the bars since his conviction i.e. 16.3.2011, thus served 1/4th part of his sentence completed more than five years of his sentence and therefore is certainly eligible to have his case considered for (2 of 3) [CW-22943/2017] regular first parole under Rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958 for a period of 20 days. It is submitted that the conduct of the petitioner during his custody in jail is satisfactory. However, his application was rejected by District Magistrate, Jhunjhunu on the basis of adverse report of S.P. Jhunjhunu. However, the Social Welfare Officer has given favourable report for release on petitioner on parole. The object of parole is to enable the convict to stay in touch with his family and other members of the society so that after completion of sentence, he rejoins the main stream of the society as a reform citizen.
Learned Assistant Government Advocate opposed the writ petition.
Having regard to the facts aforestated, the writ petition is allowed. Order dated 17.11.2017 passed by the District Magistrate, Jhunjhunu qua the petitioner is quashed and set aside. It is directed that the petitioner namely; Ram Niwas S/o Shri Jagdish Prasad shall be released on first regular parole from the Central Jail, District Bikaner for a period of 20 days from the date of his release upon his furnishing one surety bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of respondent no.3-the Superintendent, Central Jail, District Bikaner, with the stipulation that he shall surrender before the jail authorities immediately after expiry of period of 20 days. In case, the petitioner fails to surrender immediately after expiry of stipulated period of 20 days, the jail authorities shall immediately inform the concerned Magistrate for procuring his (3 of 3) [CW-22943/2017] arrest. It will be open for the concerned jail Superintendent to put any other condition, as per Rules, to secure presence of the petitioner.
(GOVERDHAN BARDHAR)J. (MOHAMMAD RAFIQ)J. RS/90