Rajasthan High Court - Jodhpur
Suresh vs State on 12 October, 2018
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 339/2018
Suresh S/o Sh. Bhanwar Lal, Aged About 34 Years, B/c Jat, R/o
Balaya, Dist. Nagaur. (At Present Lodged In Central Jail, Ajmer)
Through Maternal Nephew Surendra Chharang S/o Tejaram,
Aged 22 Years, B/c Jat, R/o Opp. Shiv Mandir, Hanuman Bagh,
Nagaur.
----Petitioner
Versus
1. State of Rajasthan, Through Secretary To The Govt.
Department Of Home, Secretariat, Jaipur.
2. The District Parole Advisory Comittee, Nagaur Through Its
Chairman (Dist. Collector, Nagaur)
3. Superintendent, Central Jail, Ajmer.
----Respondents
For Petitioner(s) : Mr. Vineet Jain
Mr. Kartik Singh Lodha
For Respondent(s) : Mr. J.P. Bhardwaj, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 12/10/2018
1. The instant petition has been filed by the petitioner- Nephew of Suresh, who is languishing in Central Jail, Ajmer, being convicted and sentenced for the offence punishable under Sections 147, 148, 149, 341, 323, 324 & 307 of the IPC and Sections 3/25, 5/25 & 7/27 of the Arms Act.
2. The Parole Committee has rejected the application on the ground of adverse police report.
3. This Court has considered the decision of District Parole Advisory Committee rejecting the parole claimed. It is pertinent to note that the petitioner does not suffer from any ineligibility for (2 of 2) [CRLW-339/2018] his release on parole as prescribed under Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958. More so, Ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can't be frustrated on the basis of vague and ill-founded reasons.
5. Accordingly, this petition is allowed. The respondents are directed to release convict- Suresh S/o Sh. Bhanwar Lal to avail 20 days first parole as per provisions of the Rules of 1958 provided he furnish two sureties in a sum of Rs.25,000/- each and a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Ajmer. The Superintendent, Central Jail concerned will give a date for surrender of convict and shall also be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole. A copy of this order may be sent to the convict.
(VINIT KUMAR MATHUR),J Solanki Sunil/-
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