Rajasthan High Court - Jaipur
Harpal vs State (Home Department)Ors on 3 September, 2013
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R D.B. Civil Writ Petition (Parole) No.13580/2013 Harpal Vs. State of Raj. & Ors. Date : 03.09.2013 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr.Justice J.K. Ranka Mr. L.S. Tomar, for petitioner. Mr. G.S. Fauzdar, Addl. Govt. Adv., for respondent.
The convict-petitioner Harpal S/o Ladu Ram has preferred this parole petition for grant of second regular parole of 30 days under the Rajasthan Prisoners Release on Parole Rules,1958.
Counsel for petitioner submits that petitioner & his brother Budhram both were convicted & sentenced for offence u/S 148, 447, 149, 302,325, 323 & 324 IPC, vide judgment dt.30.06.2009 in Sessions Case No.58/2004 (57/2004) .
Application of the petitioner for grant of second parole was rejected by the advisory committee as evident from the minutes dt.25.04.2012 (Annx.2). However, it has been informed that Budhram was granted second parole by the coordinate Bench of this Court and as regards present petitioner he availed the benefit of first parole and abide by the conditions in terms of order of this Court and his jail conduct is also found to be satisfactory and this fact has not been controverted by the respondents in their reply to the parole petition.
After considering the submissions made by counsel for the parties and the fact that conduct of convict-petitioner in jail is satisfactory, in the facts & circumstances, we consider it appropriate to grant the convict-petitioner the benefit of second regular parole to which he is entitled for under the Scheme of Rules, 1958.
Consequently, writ petition stands allowed and recommendation of committee in its meeting held on 25.04.2012 (Annx.2) qua petitioner is hereby quashed. The Superintendent, Central Jail, Ajmer is directed to release petitioner (Harpal S/o Ladu Ram) on second parole, if not availed of, for 30 days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.25000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Ajmer on expiry of 30 days (supra) to be notified by jail authority and shall maintain peace & tranquility during second parole period. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law.
A copy of this order be sent to the petitioner through jail authority for compliance. No costs.
(J.K. Ranka), J. (Ajay Rastogi),J. VS Shekhawat/-PA/p.2 13580cw13Sep03FnlDsps(D41).sxw Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PAJ