Rajasthan High Court - Jodhpur
Dinesh vs State Of Rajasthan ... on 8 February, 2024
Bench: Pushpendra Singh Bhati, Rajendra Prakash Soni
[2024:RJ-JD:6507-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 2021/2023
Dinesh, S/o Ratanlal, B/c Nayak, R/o Gudiya Raipur Police
Station Raipur, Dist. Pali.
(At Present Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Jaipur.
2. Collector, Pali.
3. Supdt. Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : By Post
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted
by Mr. Pallav Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 08/02/2024
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 307, 324, 366(A), 376(2)(i)m) of IPC.
2. The convict-petitioner applied for his release on second parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (For short hereinafter called 'the Rules'). The authorities rejected the application made by the convict-petitioner by their order dated 25.10.2023. It is against this rejection, the convict- petitioner is in writ.
3. The Jail Department has submitted its reply. (Downloaded on 09/02/2024 at 09:54:58 PM) [2024:RJ-JD:6507-DB] (2 of 3) [CRLW-2021/2023]
4. Learned AAG has submitted that the convict-petitioner has committed heinous offence which is committing rape upon a minor girl (aged 13 years) and looking to the gravity of offence, if the petitioner is released on parole then it will be adversely affecting the society. Further he submits that not a single reputed person of society is ready to take responsibility of his release. It is also submitted that with the release of the petitioner on parole, there is all the possibility that the law and order situation may be disturbed.
5. Heard learned counsel for the parties and perused the material available on record.
6. It reflects from the reply that petitioner has undergone sentence of 10 years, 10 months and 17 days including remission. The report perused by this Court does not have any sufficient reason for not granting the parole. It is also reflected from the reply that the petitioner was granted 20 days' parole from 07.09.2021 to 26.09.2021. The Social Welfare Department Report also indicates that there was no untoward incident during earlier release on parole. The object of parole can't be frustrated on the basis of vague and ill-founded reasons.
7. Accordingly, this petition is allowed. The impugned order dated 25.10.2023 is set aside so far as it relates to petitioner. The petitioner - Dinesh, S/o Ratanlal is directed to be released on second parole of 30 days strictly in accordance with the provisions of Parole Rules after ensuring its strict compliance as required before his release, provided he furnishes 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, Jodhpur. The (Downloaded on 09/02/2024 at 09:54:58 PM) [2024:RJ-JD:6507-DB] (3 of 3) [CRLW-2021/2023] 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.
8. This Court however observes that since the report of the police is adverse though without there being any factual basis, if during the period in which the prisoner is released on parole indulge in any kind of offence or/and any report is lodged against him of any offence, then in such event, the parole granted to him shall stand cancelled.
9. A copy of this order may be sent to the convict. (RAJENDRA PRAKASH SONI),J (PUSHPENDRA SINGH BHATI),J 12-Payal/Lalit-
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