Allowed

Shesharam v. State

Rajasthan HC12 Apr 2019CRLW/153/2019

Case brief

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What is this about?

The High Court at Jodhpur quashed the first parole application rejection of convict petitioner Shesharam, noting redundant reasons related to ongoing elections. The court allowed the writ petition, ordering the petitioner's release on a twenty-day first parole upon furnishing a bond with sureties, upholding recommendations from the Social Welfare Officer and Jail Superintendent.

What did the court decide?

Impugned parole rejection recommendations quashed; petitioner to be enlarged on first parole of twenty days upon furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 153/2019

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Shesharam, S/o Shri Nathuram B/c Meghwal, R/o Mindoli, Tehsil Bhopalgarh Thana Bhopalgarh Distt. Jodhpur (Presently Lodged At Central Jail, Ajmer)

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----Petitioner

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Versus

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State, Through Home Secretary, Jaipur.

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Collector, Jodhpur.

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Superintendent, Central Jail, Ajmer.

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----Respondents

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For Petitioner(s) : By post. For Respondent(s) : Mr.Farzand Ali, AAG-cum-GA

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Judgment / Order

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12/04/2019

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The first parole application of the convict petitioner was rejected by the District Level Parole Advisory Committee, Jodhpur vide its recommendations dated 25.10.2018 assigning a reason that the convict-petitioner is of quarrelsome nature and if he is released on parole, there is risk to his own life and also likelihood to breach of peace in the society. It is also expressed that the convict petitioner might create a sense of terror in the impending Assembly Elections.

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Manifestly, the Assembly Elections process has been completed long back. The reasons assigned by the District Level Parole Committee for denying the parole to the convict petitioner

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(2 of 2)

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[CRLW-153/2019]

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are redundant and unsustainable considering the fact that Social Welfare Officer as well as the Superintendent Central Jail, Ajmer have recommended that the convict petitioner deserves to be enlarged on first parole.

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In this background, we are inclined to accept the instant parole writ petition which is allowed . The impugned recommendations dated 25.10.2018 are quashed and set aside qua the convict Shesharam S/o Shri Nathuram and it is ordered that the convict petitioner Shesharam S/o Shri Nathuram shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each (out of which one must be family member of the convict prisoner) to the satisfaction of Superintendent Central, Jail, Ajmer on the usual terms and conditions. The Superintendent, Central Jail, Ajmer shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release.

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(VINIT KUMAR MATHUR),J (SANDEEP MEHTA),J

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17-1/-

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Sudhir Asopa

Shesharam v. State

Case brief

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Shesharam v. State

Case brief

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