Rajasthan High Court - Jodhpur
Sagar @ Sagriya vs State Of Rajasthan on 2 November, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 309/2018
Sagar @ Sagriya, S/o Kishnaram , B/c Vaadi , Solankiyo Ka
Vaas , Siwana P.t. Siwana Distt Barmer (Raj) (At Present Lodged
In Central Jail , Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary
2. Collector, Barmer
3. Superintendent Central Jail, Jodhpur
----Respondents
For Petitioner(s) : By post
For Respondent(s) : Mr. VS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 02/11/2018
1. The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Jodhpur being convicted and sentenced for the offence punishable under Sections 323, 324, 326, 459 and 307 of IPC.
2. After perusal of the record and the reply filed by the respondent, this Court finds that the petitioner is undergoing a sentence at Central Jail, Jodhpur and was granted parole by the District Parole Committee Barmer in its meeting dated 02.07.2018 recommending grant of parole to the convict/prisoner on furnishing two sureties of Rs.20,000/- each and a personal bond of Rs.50,000/-. This Court has also seen the order dated 02.07.2018 whereby the Jail report, Police Report and Samaj Kalyan Report are all in favour of the convict/prisoner and indicate the positive recommending of grant of parole to the convict/prisoner by such forums.
(2 of 2) [CRLW-309/2018]
3. The convict/prisoner has approached this Court with a limited prayer that due to severe illness of his mother, he immediately requires parole whereas he is unable to gather two sureties of Rs.20,000/- each.
4. Learned Public Prosecutor does not dispute the facts of the case.
5. It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958.
6. Accordingly, this petition is allowed and the order of parole committee dated 02.07.2018 is modified to the extent that the convict/prisoner shall be released on the same terms and condition as per the aforementioned order dated 02.07.2018 while excluding the condition of furnishing two sureties of Rs.20,000/- each. The respondents are directed to release convict-petitioner Sagar @ Sagriya, S/o Kishnaram to avail 20 days first parole as per provisions of the Rules of 1958 provided he furnishes a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Jodhpur. 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.
(Dr. PUSHPENDRA SINGH BHATI),J sudheer Powered by TCPDF (www.tcpdf.org)