Allowed

Balwant v. State of Rajasthan

Rajasthan HC15 Mar 2024CRLW/379/2024

Case brief

AI extract

What is this about?

The court allowed a parole petition filed by a convict who had served five years, despite recommendations against release. The court found no justified ground for the Parole Committee's refusal, ordered release on bond with sureties, and mandated surrender after 20 days.

What did the court decide?

First regular parole of 20 days granted on furnishing personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Balwant Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:12467]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 379/2024

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Balwant S/o Shri Narayan Lal, Aged About 32 Years, At Present Lodged In Central Jail, Udaipur Through His Wife Smt. Vinod Devi W/o Shri Balwant, Age About 30 Years, R/o Shambupura, Buriyo Ka Kheda, P.s. Kapasan, Dist. Chittorgarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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The District Collector, Chittorgarh.

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The Superintendent, Central Jail Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Rajat Chhaparwal, AAAG for Mr. Anil Joshi, GA cum AAG

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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15/03/2024

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The instant parole petition has been filed on behalf of the convict Balwant S/o Narayan Lal for grant of first regular parole of 20 days, who is presently lodged at Central Jail, Udaipur.

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Heard learned counsel for the parties.

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It is submitted by learned counsel for the convict-petitioner that Social Justice and Empowerment Department has recommended to release the convict on parole, however, the District Parole Advisory Committee has refused to release the convict on first regular parole of 20 days on the ground that the conduct of the convict in jail was reported to be unsatisfactory by the Supdt. Central Jail, Udaipur as he was given jail punishment for not regularly attending the workshop and Supdt. of Police, Chittorgarh has reported that there is apprehension of threatening

[2024:RJ-JD:12467]

[CRLW-379/2024]

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to the victim and the witnesses if the petitioner is released on parole. It is further submitted that the convict has already served out about five years of sentence and the decision of the Parole Committee is unjust, therefore, regular parole of 20 days may be granted to the convict-petitioner.

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It is submitted by learned counsel for the State that the Superintendent of Police, Chittorgarh and Supdt. Central Jail, Udaipur did not recommend the case of the convict for grant of parole, therefore, the Parole Committee was justified in refusing to release the convict on parole and prayed that the parole petition filed on behalf of convict may be dismissed .

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I have considered the arguments advanced before me and perused the material available on record. 6. Considering the fact that the convict is inside the Jail for about last about five years and there is no justified ground for refusal of parole by the Parole Committee, in such circumstances, I deem it appropriate to grant first parole of 20 days’ to convictpetitioner.

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Consequently, the instant parole petition is allowed and it is directed that the petitioner-convict Balwant S/o Narayan Lal may be released on first parole of 20 days upon furnishing his personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent of Central Jail, Udaipur and he shall surrender before the Superintendent of Central Jail, Udaipur after availing 20 days first parole from the date of his release.

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(YOGENDRA KUMAR PUROHIT),J

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534-RP/-

Balwant v. State of Rajasthan

Case brief

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Balwant v. State of Rajasthan

Case brief

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