Allowed

Bhanwar Lal v. State

Rajasthan HC12 Jul 2019CRLW/143/2019

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What is this about?

The High Court allowed a bail petition for a petitioner convicted prisoner seeking 20 days of first parole. The Court dismissed the State's objections regarding local residency and witness pressure, holding they are insufficient grounds to deny parole, and directed the respondent jail superintendent to release the petitioner subject to sureties and a personal bond.

What did the court decide?

Directed respondents to release the petitioner on a first parole of 20 days subject to furnishing two sureties of Rs.25,000 each and a personal bond of Rs.50,000.

Bhanwar Lal Vs State — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Criminal Writ Petition No. 143/2019

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Bhanwar Lal S/o Shree Mohan Lal Nayak, At Present Lodged In Central Jail Shriganganagar Through His Mother Smt. Maya Devi W/o Mohan Lal, aged about 49 years, B/c Nayak, R/o W.No. 1, Sadawali Kat, P.S. Kesrisinghpur, Dist. Sriganganagar.

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----Petitioner

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Versus

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State of Rajasthan through Secretary, Department Of Home, Secretariat, Rajasthan, Jaipur.

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The District Collector, Shriganganagar.

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The Superintendent, Central Jail Shriganganagar.

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----Respondents

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For Petitioner : Mr. Kalu Ram Bhati. For Respondent(s) : Mr. Gaurav Singh, PP for the State.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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12/07/2019

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The instant petition has been filed by the petitioner convict prisoner Bhanwar Lal who is facing incarceration in Central Jail, Sri Ganganagar through his mother to release him on first parole of 20 days.

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A reply to the writ petition has been filed wherein it has been stated that since the convict prisoner and the complainant reside in the same locality, therefore, there is possibility of some untoward incident. It is further stated that the witnesses are being pressurized to enter into compromise with the accused.

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Having considered the submissions made at bar, I am of the view that maintenance of law and order in the society is the duty of the State and merely, the fact that convict-prisoner is resident

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(2 of 2)

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[CRLW-143/2019]

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of the same locality, is not a sufficient ground to deny benefit of grant of parole to the convict- prisoner. As far as exerting pressure on the witnesses to enter into compromise with the accused is concerned, the convict-prisoner has already stands convicted in the matter, therefore, the same is of no consequences.

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The convict has already undergone a sentence of 02 years, 11 months and 03 days as on 15.03.2019. It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958.

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It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can’t be frustrated on the basis of vague and ill-founded reasons.

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Accordingly, this petition is allowed. The respondents are directed to release convict-prisoner Bhanwar Lal S/o Mohan Lal to avail 20 days first parole as per provisions of the Rules of 1958 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, Sri Ganganagarr. The 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. A copy of this order may be sent to the convict.

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(VINIT KUMAR MATHUR),J

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11-Anil Singh/-

Bhanwar Lal v. State

Case brief

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Bhanwar Lal v. State

Case brief

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