Rajasthan High Court - Jodhpur
Shankar Lal vs State on 19 January, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 1/2019
Shankar Lal, S/o Khiyaram Meghwal, R/o Mogas, Ps Degana, Dist
Nagaur (Central Jail Ajmer)
----Petitioner
Versus
1. State, Through Secretary
2. Collector, Nagaur
3. Superintendent, Central Jail Ajmer
----Respondents
For Petitioner(s) : By Post
For Respondent(s) : Mr. V.S. Rajpurohit, Public Prosecutor
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 19/01/2019
1. The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Ajmer, being convicted and sentenced for offence punishable under Sections 363, 366A, 376(2)(j) IPC and Section 3/4 of POCSO Act with ten years' rigorous imprisonment and default stipulation.
2. The Parole Committee has rejected the application on the ground of adverse police report.
3. The Jail Department has submitted its reply.
4. This Court has considered the decision of Parole Committee rejecting the parole claimed. The convict has already undergone a sentence of 04 years 07 months and 00 days as on 11.1.2019. 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 (Downloaded on 04/06/2021 at 09:27:40 PM) (2 of 2) [CRLW-1/2019] 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-petitioner Narayan S/o.Khinya Ram 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.
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