Two-judge bench granted first regular parole of 20 days to life convicts for satisfactory jail conduct, directing jail to release him upon furnishing bond and surety with strict surrender conditions.
Directing jail to release petitioner on first parole of 20 days upon furnishing personal bond and one surety of Rs.50,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
( 1 )
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R
D.B. Civil Writ Petition (Parole) No.18778/2013
Date : 06.11.2013
Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr.Justice J.K. Ranka
Mr. Govind Prasad Rawat, for petitioner. Mr. G.S. Fauzdar, Addl. Govt. Adv., for respondent.
The convict-petitioner Chhote Lal S/o Shiv Singh has preferred instant petition u/R 9 of Rajasthan Prisoners Release on Parole Rules,1958 for grant of first regular parole of 20 days.
The petitioner on being convicted for offence u/S 302 IPC in Sessions Case No.95/2009 by Special Judge (Decoity Affected Area), Dholpur vide judgment dt.08.01.2010, is serving life sentence.
Counsel for petitioner submits that the petitioner being eligible for seeking first regular parole of 20 days submitted application u/R 9 of the Rules,1958 and while availing emergent parole earlier granted to him never violated conditions thereof and further submits that the police report was adverse but there is no material on record in support thereof, however, the social welfare department recommended case of the petitioner for grant of first regular parole but on heavy bail bonds and his jail conduct is satisfactory.
After considering the submissions made by counsel for the parties and the fact that conduct of convict-petitioner in jail is satisfactory which is the pre-condition contemplated u/R 9 of the Rules,1958 and in the facts & circumstances, we consider it appropriate to grant the convict-petitioner the benefit of first
( 2 )
regular parole to which he is entitled for under the Scheme of Rules, 1958.
Consequently, writ petition stands allowed and recommendations of the committee in its meeting held on 17.09.2013 qua petitioner stands quashed. The Superintendent, Central Jail, Bharatpur is directed to release petitioner (Chhote Lal S/o Shiv Singh) on first parole, if not availed of, for 20 days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.50,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Bharatpur on expiry of 20 days (supra) to be notified by jail authority and shall maintain peace & tranquility during parole period and in addition to it he shall further report during parole on each Sunday at 11 am at concerned police station and that report be furnished to the Superintendent, Central Jail, Bharatpur. 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 18778cw13Nov01FnlDsps(D39).sxw Certificate - All corrections have been incorporated in the judgment/ order being emailed/ Vijay Singh Shekhawat/ PAJW
2 issues framed by the court
Whether the convict-petitioner eligible for first regular parole under Rajasthan Prisoners Release on Parole Rules,1958
Whether impugned committee recommendation should be quashed to grant parole benefit
1 provisions across 1 enactments
Chhote Lal S/o Shiv Singh
State of Rajasthan
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
