Rajasthan High Court - Jaipur
Lakkhi vs State Of Raj And Ors on 5 February, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D. B. Civil Writ Petition (Parole) No. 1202 / 2018
Lakkhi S/o Shri Ramkhiladi, B/c Baghel, R/o Dungarwala, at
present R/o Kenthari, Police Station Saupau, District Dholpur
(Raj.)
(At present Confined in Central Jail Sewar, Bharatpur)
Through his brother :- Nekram S/o Shri Ramkhiladi, B/c Baghel,
aged about 45 Years, R/o Kenthari, Police Station Saupau, District
Dholpur (Raj.)
----Petitioner
Versus
1. State of Rajasthan through Inspector General, Prison, Jaipur
2. The District Parole Advisory Committee through the District
Magistrate, Dholpur
3. The Superintendent, Central Jail, Sewar, Bharatpur.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Govind Prasad Rawat. For Respondent(s) : Mr. B.N. Sandu, AAG.
_____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 05/02/2018 This petition has been filed by the petitioner, who is serving out sentence consequent upon his conviction for offence under Sections 302/149, 307/149, 148, 341, 323/149 IPC by Additional Session Judge, Dholpur in Sessions Case No.22/2016 vide judgement dated 18.05.2017. The appeal against the said (2 of 4) [CW-1202/2018] judgement is still pending before this Court. Since the petitioner has completed more than one fourth of his sentence, he applied for grant of first regular parole, which has been rejected by the District Parole Advisory Committee, Dholpur in its meeting dated 31.10.2017 and order in this regard was passed on 03.11.2017 only on the ground of adverse report of Superintendent of Police, Dholpur and Social Welfare Officer, Dholpur.
Learned counsel for the petitioner submits that application of the petitioner for grant of regular first parole has been rejected by District Parole Advisory Committee, Dholpur on the ground that Superintendent of Police, Dholpur and Social Welfare Officer, Dholpur in their reports indicated that accused- petitioner and family of the victim resides in the same village and if the petitioner is released on parole, any untoward incident may take place. It is argued that aforesaid reports are based on apprehension only and the case of the petitioner ought not to have been rejected only on that ground. It is contended that aforesaid reports suffer from non-application of mind. It is, therefore, prayed that the impugned order dated 03.11.2017 qua the petitioner be set aside and petitioner may be granted regular first parole of 20 days.
Learned Additional Advocate General opposed the parole petition and submitted that District Parole Advisory Committee has rightly rejected case of the petitioner on the basis of adverse reports of Superintendent of Police, Dholpur and Social Welfare Officer, Dholpur which are based on proper application of mind.
(3 of 4) [CW-1202/2018] We have heard learned counsel for the petitioner, learned Additional Advocate General and perused the material on record.
The reason which the respondents have given for not extending benefit of first parole is that accused-petitioner and family of the victim resides in the same village and if the petitioner is released on parole, any untoward incident may take place. The aforesaid reason, in our considered opinion, is based on apprehension and there is no concrete foundation thereof. The purpose of release of an accused on parole is to ensure that he stays in contact with the society so that after his release on completion of sentence, he joins mainstream of the society as a reformed citizen. However, in order to safeguard against the apprehension that any untoward incident may take place, the petitioner can be put to certain conditions.
Having regard to the facts aforestated, the petition is allowed. Impugned order dated 03.11.2017 qua the petitioner is quashed and set aside. It is directed that the petitioner namely; Lakkhi son of Shri Ramkhiladi shall be released on regular first parole from Central Jail, Sewar, Bharatpur for a period of 20 days from the date of his release upon his furnishing one personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Sewar, Bharatpur on the condition that the petitioner shall on every alternate day, report at Police Station Saupau, Dholpur and further that he shall surrender before the jail authorities immediately after expiry of period of 20 days. In case, (4 of 4) [CW-1202/2018] 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 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. Manoj/39