Petitioner filed a writ petition seeking release on permanent parole. Court observed that legal grounds for declining parole were untenable. Grant order issued subject to furnishing a bond and sureties.
Petitioner directed to be released on permanent parole by furnishing a bond of 25,000 and two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8705 / 2017
Jitendra @ Jeetu S/o Shri Chhogaram, by caste Mali, resident of Aburoad Distt Sirohi (at present lodged in Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr.Dhirendra Singh.
For Respondent(s) : Mr.O.P.Rathi, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
28/08/2017
The writ petitioner and Laxman (writ petitioner in Parole Writ Petition No.8708/2017) were both convicted by the learned Court of Sessions for the offence under Section 302 I.P.C. However, in appeal, the conviction was altered to one of culpable homicide not amounting to murder punishable under Section 304 Part-I I.P.C. and both were sentenced to suffer ten years’ R.I. The said coaccused Laxman preferred abovementioned parole writ petition seeking releasing on permanent parole, which came to be allowed in the following terms:
(2 of 2)
[CW-8705/2017]
the petitioner was entitled to be considered for grant of permanent parole.
On perusal of the reply filed by the State of Rajasthan in the instant parole writ petition, it is evident that the factual position as regards the petitioner herein is the same as that of co-accused Laxman.
In this background, the instant writ petition also succeeds in the same terms and it is hereby directed that the petitioner shall be released on permanent parole on furnishing a personal bond in the sum of ₹ 25,000/- with two sureties in the like amount to the satisfaction of the Superintendent, Central Jail, Jodhpur.
(SANDEEP MEHTA)J.
/tarun goyal/
1 issue framed by the court
Whether the petitioner is entitled to release on permanent parole under the applicable rules.
Jitendra @ Jeetu
State of Rajasthan
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
