Rajasthan High Court - Jodhpur
Pukhraj @ Ramswaroop vs State on 12 December, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 438/2018
Pukhraj @ Ramswaroop S/o Sh. Bhanwarlal, Aged About 44
Years, B/c Jat, Village Balayan , P.s. Mundwa, Distt. Nagaur (Raj)
(Lodged In Central Jail , Ajmer) Through His Wife Smt . Pappudi
W/o Pukhraj @ Ramswaroop , Aged About 32 Years , B/c Jat,
Village Balayan , P.s. Mundwa , Distt. Nagaur (Raj)
----Petitioner
Versus
State, Through The Distt. Magistrate Nagaur
----Respondent
For Petitioner(s) : Mr. Vineet Jain
For Respondent(s) : Mr. VS Rajpurohit, PP
Mr. JR Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 12/12/2018
1. The petitioner has preferred this criminal writ petition under Article 226 of the Constitution of India claiming the following reliefs:
"It is, therefore, humbly and respectfully prayed that this writ petition filed on behalf of the petitioner may kindly be accepted and allowed and while quashing the order dated 02.11.2018, the petitioner may kindly be released on emergent parole for a period of fifteen days so as to enable him to assist better treatment to his ailing daughter.
Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(2 of 3) [CRLW-438/2018]
2. The petitioner was convicted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 of IPC and Sections 3/25, 5/25 & 7/27 of the Arms Act by the learned Additional Sessions Judge No.2 Nagaur and was sentenced to undergo 10 years rigorous imprisonment.
3. Learned counsel for the petitioner is pointed out from the report of Superintendent of Police, Nagaru which clearly reflects that the petitioner was granted first regular parole from 25.07.2018 to 12.08.2018 and he had surrendered in accordance with the terms and conditions of the surrender order voluntarily and peacefully.
4. Learned counsel for the petitioner has thereafter shown the order dated 02.11.2018 where though there is an opinion given by the Medical Board constituted by Principal Medical Officer, Nagaur vide order dated 18.10.2018 which is opined "In this case patient requires septoplasty as a surfical procedure and should be operated as early as possible but not on emergent basis". The District Collector has rejected the emergent parole only on the ground that though the Medical Board has opined that the operation should be held as early as possible but not on the emergent basis, which is requirement of the patient.
6. Learned Public Prosecutor and learned counsel for the complainant oppose the petition.
7. After seeing the record of this case including the report dated 01.11.2018 from the office of Superintendent of Police, Nagaur reflecting voluntarily and peaceful completion of first parole of 20 days and also after careful perusing the opinion rendered by the Medical Board on the instructions of Principal Medical Officer, Nagaur vide order dated 18.10.2018, this Court (3 of 3) [CRLW-438/2018] deems it appropriate to allow the present petition on emergent parole in accordance with the circular dated 28.09.2015 and also read with Rule 10A of the Rajasthan Prisoners Release on Parole Rules, 1958.
8. Accordingly, the present petition stands allowed and the Superintendent, Central Jail, Ajmer is directed to release convict- prisoner Pukhraj @ Ramswaroop S/o Sh. Bhanwarlal, on emergent parole for a period of 15 days provided he furnishes a personal bond in the sum of Rs.50,000/- and with two sureties of the like amount each to the satisfaction of Superintendent, Central Jail, Ajmer and shall surrender before the concerned authority immediately on the fifteenth day of the emergent parole period to be notified by the Superintendent, Central Jail, Ajmer, referred to supra, being expired by 5 pm, and shall maintain peace & tranquility during parole period and in addition to it, he shall further report during parole on each Sunday at 11 am at concerned police station and that report be furnished to the Superintendent, Central Jail, Ajmer. In case of failure to surrender by convict-prisoner on stipulated date, the concerned jail authority shall proceed in accordance with law.
(DR. PUSHPENDRA SINGH BHATI),J 3-Sudheer/-
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