Rajasthan High Court - Jodhpur
Sharifulla vs State on 16 January, 2014
Author: Govind Mathur
Bench: Govind Mathur
1
D.B.CIVIL PAROLE WRIT PETITION NO.14506/2013
SHARIFULLA V/S STATE OF RAJASTHAN
***
DATE OF ORDER 16.01.2014 HON'BLE MR. GOVIND MATHUR,J HON'BLE MR. ATUL KUMAR JAIN ,J By Post Mr. K.R. Bishnoi, Government Counsel A letter addressed to this court by convict-prisoner Sharifulla S/o Shri Shulla, presently lodged at Central Jail, Jodhpur is treated as petition for writ.
The factual matrix necessary to be noticed is that the petitioner was convicted for the offence punishable under section 302 Indian Penal Code under judgement dated 10.9.1997 passed by learned Additional Sessions Judge, Dausa. He was sentenced to undergo life term imprisonment with fine of Rs.2000/-. He has already served actual sentence for a period of 17 years, 10 months and 09 days as on 30.11.2013. The State Level Parole Committee considered the case of the petitioner for grant of permanent parole on 5.12.2012 and awarded permanent parole to him subject to furnishing of two sureties of Rs.50,000/-each and a personal bond of the same amount. As per the petitioner, his social & economic background is quite week, therefore, he is not in a position to furnish the sureties demanded. A prayer is made by him for his release on permanent parole on furnishing a personal bond only.
From perusal of the letter addressed to this court by the convict-prisoner, it appears that the petitioner is coming 2 from a lower echelon of the society and he is not having any ancestral or his own property. No other member of his family is also competent to furnish the sureties required.
Having considered the same and also looking to the fact that the petitioner is an old man of 78 years and he has already served actual sentence of 17 years, 10 months and 09 days as on 30.11.2013, we are inclined to grant this petition for writ. Accordingly, the same is allowed and the respondents are directed to release the petitioner on permanent parole provided he furnishes a personal bond of Rs.25000/- only.
(ATUL KUMAR JAIN),J. (GOVIND MATHUR),J.
Anil Singh/44 3