This court granted a 20-day first regular parole to convict prisoner Sunil @ Sona to perform last rites for his deceased wife. The court held that the District Magistrate's adverse remarks were unjustified without reasons.
Granted 20-day first regular parole with conditions of furnishing two sureties of Rs. 50,000/- each and personal bond.
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(1)DB Cr. Misc. Application for Temporary Suspension of Sentence No.581/2014 In DB Criminal Appeal No.318/2009 (Sunil @ Sona v. State of Rajasthan)
And
(2)DB Civil Writ (Parole) Petition No.3796/2014 (Sunil @ Soniya v. State of Rajasthan)
Date of Order :: 3rd July, 2014
HON'BLE MR.JUSTICE GOVIND MATHUR HON'BLE MR.JUSTICE ATUL KUMAR JAIN
Mr. Kalu Ram Bhati, for the applicant-appellant. Mr. S.K.Vyas, Public Prosecutor, for the State. ....
By this order we are disposing of the application seeking temporary suspension of sentence as well as the parole petition preferred on behalf of convict prisoner Sunil @ Soniya @ Sona.
As per the averments contained in the application seeking suspension of sentence temporarily, wife of the applicant has died on 17.6.2014 and to perform necessary last rites presence of the convict prisoner is required at his native place. The fact about death of the wife of convict prisoner has been verified by learned Government Advocate through the police Sub Inspector, Police Station Palanpur, District Banaskanta (Gujarat).
On being brought into the notice of this Court that a parole petition preferred by the convict prisoner is also pending before this Court, we found it appropriate to get the same also listed before the Court today itself.
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The District Parole Advisory Committee, Jodhpur in its meeting dated 28.11.2013 denied 20 days first regular parole as per provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 by relying upon adverse remarks made by the District Magistrate, Banaskanta (Gujarat). As per the District Magistrate the grant of parole to the convict prisoner is not desirable, however, no reason has been given for such adverse remarks made by the District Magistrate.
It is well settled that concept of parole is a device adopted in criminal jurisprudence with a view to reform a criminal by accepting the concept that the crime is to be condemned, not the criminal. From perusal of the adverse remarks made by the District Magistrate, Banaskanta (Gujarat) we do not find any just reason for not extending the benefit of parole to the convict prisoner. In addition to the grounds available to the convict prisoner for grant of parole, the fact about death of his wife too demands the grant of parole to the convict prisoner for a period of 20 days.
Accordingly, we deem it appropriate to accept the parole petition with a direction to the respondents to release convict prisoner Sunil @ Soniya son of Virmaram, resident of Ratanpura, Police Station Palanpur, District Banaskanta (Gujarat) on first regular parole for a period of 20 days from the date of his actual release, provided he furnishes two sureties of Rs.50,000/- each and the personal bound in the like amount to the satisfaction of the
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Superintendent, Central Jail, Jodhpur. The Superintendent, Central Jail, Jodhpur while releasing the convict prisoner on parole shall be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole.
The Registry of this Court is directed to send a certified copy of this order to the Superintendent, Central Jail, Jodhpur with a specific direction to convey decision of this Court to convict prisoner within a period of three days from the date of receipt of the order.
In view of the fact that the parole for a period of 20 days has already been granted to the convict prisoner, there is no need to pass any independent order on the application preferred seeking temporary suspension of sentence. The same is disposed of accordingly.
(ATUL KUMAR JAIN),J. (GOVIND MATHUR),J.
kkm/ps
1 issue framed by the court
Whether parole should be granted to a convict prisoner for the funeral of his deceased wife.
Sunil @ Sona
State of Rajasthan
Joivind Mathur
Atul Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
