Allowed

Shanti Devi v. State of Rajasthan

Rajasthan HC12 Mar 2024CRLW/159/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition for second parole of a convict, Nilesh. Finding the rejection reasons by the District Parole Advisory Committee mechanical and vague, the Court ordered his release for 30 days subject to a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

What did the court decide?

Convict released on second parole for thirty days upon furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Shanti Devi Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:12006]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 159/2024

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Shanti Devi W/o Ramchandra, Aged About 62 Years, R/o Chamti Ka Kheda, Chittorgarh For Paroleof Her Son Nilesh Presently Confined In Central Jail Chittorgarh (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary (Home) Government Of Rajasthan, Jaipur.

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The Director General, (Jail), Rajasthan, Jaipur.

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The District Collector And District Magistrate, Chittorgarh, Rajasthan.

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Superintendent Of Jail, Central Jail Chittorgarh (Raj.).

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The Superintendent Of Police, Chittorgarh.

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG, with Mr. Pallav Sharma

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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12/03/2024

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The instant criminal Writ (Parole) Petition has been preferred by the petitioner, Shanti Devi, who is mother of convict Nilesh, seeking second parole of 30 days on his behalf.

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The convict’s parole application was rejected by the District Parole Advisory Committee, Chittorgarh vide order dated 25.08.2023 based on the recommendations dated 11.08.2023 on the ground that the Superintendent of Police, Chittorgarh has made adverse recommendation regarding release of the convict

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on parole stating that the family of the victim is residing in the same area; if he is released on parole, there is possibility of breach of peace and unrest; it will give wrong message in the society and there is possibility of the convict absconding.

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The Probation and Prison Welfare Officer, Social Justice and Empowerment Department as well as the Superintendent, Central Jail, Udaipur has given recommendation in favour of the release of the convict on parole.

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Having heard the learned GA-cum-AAG and on perusal of the material placed on record including the reply filed on behalf of the State, this court is of the considered opinion that the reasons assigned in the order impugned for denying parole to the petitioner are absolutely mechanical, vague and extraneous and are not based on justifiable grounds so as to deny parole to the convict petitioner. Maintaining law and order is the responsibility of the State and it cannot shirk from that. It is further felt that the apprehension regarding any scuffle, which might take place between the victim party and the convict-petitioner, can very well be taken care of by requiring the convict to submit sound and solvent sureties and imposing appropriate conditions.

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In this background, this court is inclined to accept the instant parole writ petition, which is hereby allowed. It is ordered that the convict Nilesh S/o Ramchandra shall be released on second parole of thirty days upon his furnishing personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

[2024:RJ-JD:12006]

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satisfaction of Superintendent of the Central Jail concerned on the usual terms and conditions. The Superintendent of the Central Jail concerned 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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A copy of this order be sent to the convict-petitioner.

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(FARJAND ALI),J

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636-Pramod/-

Shanti Devi v. State of Rajasthan

Case brief

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Shanti Devi v. State of Rajasthan

Case brief

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