Rajasthan High Court - Jaipur
Mustak Mev vs State Of Raj And Ors on 5 March, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Writ Petition No. 1560 / 2018
Mustak Mev S/o Shri Iliyas Mev, Aged About 29 Years, R/o Molaka,
Police Station Nagina, District Nuh Mewat (hariyana) (At Present
Confined in Central Jail, Bikaner) Through His Wife:- Smt. Rukkiya
W/o Shri Mustak Mev, Aged About 27 Years, R/o Molaka, Police
Station Nagina, District Nuh Mewat (Hariyana)
----Petitioner
Versus
1. State of Rajasthan Through Inspector General, Prison, Jaipur.
2. The District Parole Advisory Committee Through the District
Magistrate, Bikaner.
3. The Superintendent, Central Jail, Bikaner.
----Respondents
_____________________________________________________ For Petitioner(s) : Shri Govind Prasad Rawat For Respondent(s) : Shri B.N. Sandu, AAG Shri Pankaj Sisodiya, Asstt. Govt. Advocate _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 05/03/2018 This petition has been filed by petitioner for his release on second parole for a period of 30 days.
It is contended that petitioner was convicted for offence u/s.302, 201, 120B, 34 IPC by the trial court vide judgement dated 01.10.2014 and was sentenced to life imprisonment. Petitioner has filed the appeal against the aforesaid order before this Court, which is still pending.
(2 of 3) [CW-1560/2018] It is contended that petitioner has served a substantive part of his sentence i.e. more than eight years. His conduct and behaviour in jail has been good and unblemished and there is no complaint against him. Even he has earlier also been released on first regular prole. Therefore he is certainly eligible to have his case considered for regular second parole under Rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958 for a period of 30 days. It is submitted that the conduct of the petitioner during his custody in jail is satisfactory. However, his application was rejected by District Parole Advisory Committee, Bikaner on the basis of adverse police report.
Learned Additional Advocate General opposed the writ petition.
Having regard to the facts aforesaid that since the petitioner was earlier also released on first parole by order of this Court and on availing the benefit of that parole, has surrendered on time, there is no justification for not granting second parole to him on mere ipse dixit of police that if petitioner is released on parole, he might commit similar offence. Moreover, the jail conduct of petitioner is opined to be satisfactory and he has completed more than seven years in incarceration, in which period if the period of remission is included, would come to almost eight years and that the object of parole is to enable the convict to stay in touch with his family and other members of the society so that after completion of sentence, he rejoins the main stream of the society as a reform citizen, we are inclined to release the petitioner on second regular parole for a period of 30 days.
(3 of 3) [CW-1560/2018] In the result, writ petition is allowed. Petitioner Mustak Mev S/o Shri Iliyas Mev shall be released on parole from the Central Jail, Bikaner for a period of thirty days from the date of 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 respondent no.3 - the Superintendent, Central Jail, Bikaner with the stipulation that he shall surrender before the jail authorities immediately after expiry of period of 30 days. In case, petitioner fails to surrender on that date, the jail authorities shall immediately inform the concerned Magistrate for procuring his arrest. Petitioner to maintain a good conduct and be of good behaviour during the period of parole. It will be open for the concerning jail Superintendent to put any other condition, as per Rules, to secure presence of petitioner.
(GOVERDHAN BARDHAR)J. (MOHAMMAD RAFIQ)J. RS/19