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It is noticed that the prisoner concerned was, otherwise, ordered to be released on 40 days' parole upon his furnishing two sureties in the sum of Rs.20,000/- with a personal bond in the like amount in the meeting of the District Parole Committee dated 02.07.2013.
Parole Petition No. 9149/2013 was decided by a co- ordinate Bench on 25.07.2013, modifying the order passed by the District Parole Committee and the petitioner-prisoner was ordered to be released upon his furnishing personal bond along with one surety. Then, Parole Petition No. 8361/2013 came to be decided by another co-ordinate Bench on 01.08.2013, now directing his release upon furnishing personal bond in the sum of Rs. 30,000/- alongwith one surety in the like amount.
The present petition is of the same prayer, i.e., seeking release on furnishing personal bond and with reference to the D.B. PAROLE PETITION NO. 10227/2013.
Pukhraj Vs. State of Rajasthan // 3 // same decision of the District Parole Committee dated 02.07.2013.
It appears that while deciding Parole Petition No. 9149/2013, the fact of pendency of Parole Petition No. 8361/2013 was not brought to the notice of the Court. Equally, while deciding Parole Petition No. 8361/2013, the fact of Parole Petition No. 9149/2013 having already been decided on 25.07.2013 was not brought to the notice of the Court.
To put the things straight, we consider it appropriate and hence order that the petitioner-prisoner concerned may be released on 40 days' parole upon his furnishing a personal bond in the sum of Rs. 20,000/- with one surety in the like amount.
Other aspects:
It is noticed that the likelihood of inconsistencies in different orders passed in different petitions in relation to the D.B. PAROLE PETITION NO. 10227/2013.
Pukhraj Vs. State of Rajasthan // 4 // same prisoner has surfaced essentially because the fact of filing of another petition or any previous decision as regards the same prayer was not brought to the notice of the Court. Thus, before parting, it appears expedient to make a few comments as regards such nature similar matters and to issue necessary directions.