Rajasthan High Court - Jodhpur
The District Parole Advisory Committee vs . on 14 May, 2015
Author: Govind Mathur
Bench: Govind Mathur
1
D.B. CIVIL WRIT (PAROLE) PETITION NO.4221/2015
Kailash Khatik
Vs.
State of Rajasthan & Ors.
DATE OF ORDER : 14.5.2015
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
By Post.
Mr. C.S. Ojha, Addl. Government Advocate
...
BY THE COURT :
The District Parole Advisory Committee, Bhilwara in its meeting dated 19.2.2015 denied 07 days regular parole to the convict-prisoner Kailash Khatik S/o. Shri Banshi Lal.
Suffice to mention that on 11.1.2007 the petitioner was released to avail 20 days regular parole but he failed to return to State custody on 30.1.2007. He was arrested on 4.11.2007 and was subjected to trial for offence punishable under Section 224 I.P.C. The trial court by the judgment dated 30.1.2009 convicted him for the offence aforesaid and was sentenced to undergo one year imprisonment. The District Parole Advisory Committee by taking into consideration the fact aforesaid, denied parole to the petitioner.
The convict-prisoner being subjected to jail punishment is entitled to have 07 days parole instead of 30 days, therefore, he has claimed for that only. No reason exists to deny 07 days parole to him, which is in consonance to the provisions of Rajasthan 2 Prisoners Release on Parole Rules, 1958. Suffice to mention that the petitioner has already served sentence for a period of 16 years, 06 months and 14 days as on 25.4.2015 (including jail remission of 01 year, 04 months and 23 days).
Accordingly, this petition for writ is allowed. The respondents are directed to release the petitioner Kailash Khatik S/o. Shri Banshi Lal Khatik to avail 07 days regular parole as per the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 provided he furnishes two sureties in the sum of Rs.25,000/- each and a personal-bond of the like amount to the satisfaction of Superintendent, Central Jail, Ajmer. The Superintendent, Central Jail, Ajmer while releasing the convict-prisoner on parole, shall be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole.
The Registry of this court is directed to send a certified copy of this order to the Superintendent, Central Jail, Ajmer with a specific direction to convey decision of this court to convict-prisoner within a period of three days from the date of receipt of the order.
[BANWARI LAL SHARMA], J. [GOVIND MATHUR], J. Sanjay