Allowed

Suva Lal S/O Shri Ramkaran v. State of Rajasthan

Rajasthan HC17 Jan 2025CRLW/2211/2024

Case brief

AI extract

What is this about?

High Court Jaipur allowed criminal writ petition for third regular parole. Bench quashed District Parole Advisory Committee order denying parole, directing jail authorities to release petitioner for 40 days on bond.

What did the court decide?

Quashed DPCA order dated 03.12.2024; directed Jail Authorities to release petitioner on third regular parole for 40 days on bond of Rs.50,000/- with one surety of like amount.

Suva Lal S/O Shri Ramkaran Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:2566]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition (Parole) No. 2211/2024

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Suva Lal S/o Shri Ramkaran, Aged About 31 Years, R/o Village Bichhawala, Police Station Virat Nagar, District Kotputli-Behror (Raj.) (At Present In Central Jail Jaipur), Through His Younger Brother Namely Ashok Kumar S/o Shri Ramkaran, Aged About 28 Years, R/o Village Bichhawala, Police Station Virat Nagar, District Kotputli-Behror (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur.

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The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Kotputli-Behror.

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Superintendent Central Jail, Jaipur. ----Respondents

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For Petitioner : Mr. Vishram Prajapati, Adv. For Respondents : Mr. Manvendra Singh Shekhawat, PP

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----Respondents

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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17/01/2025

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This criminal writ petition has been filed by the petitionerSuva Lal through his brother-Ashok Kumar with the prayer to release the petitioner on third regular parole for a period of 40 days.

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The District Parole Advisory Committee, Kotputli-Behror in its meeting dated 26.11.2024 has denied the third regular parole of the petitioner.

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Learned counsel for the petitioner submitted that as per the nominal roll of the petitioner maximum sentence awarded to the

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petitioner is 20 years and he has served more than 10 years of incarceration including remission as on 20.12.2024.

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Learned counsel for the petitioner further submitted that the jail conduct of the petitioner is satisfactory and as per Annexure7, the report dated 26.09.2024 submitted by the Social Justice and Empowerment Department, Paota, District Kotputli-Behror, the Department has recommended to release the petitioner on parole though as per the report dated 08.10.2024 submitted by Superintendent of Police, Kotputli-Behror, he has not recommended release of the petitioner on parole, as his release may affect law and order in the area. Learned counsel prayed that the present petition be allowed and the petitioner be released on third regular parole of 40 days.

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Learned counsel for the petitioner contended that on earlier occasions, the petitioner was released on parole of 20 days and 30 days respectively and according to the report he has not violated any rule or condition of parole and had surrendered before the Jail Authorities.

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On the other hand, learned Public Prosecutor has opposed the petition.

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Considering the fact that the petitioner has served the sentence of more than 10 years in total whereas, the maximum sentence awarded to the petitioner is 20 years in total and also the facts that the jail conduct of the petitioner has been satisfactory and the Social Welfare Department has also recommended to release the petitioner on third regular parole and also that during his first and second regular parole, the behaviour of the petitioner was good, this Court deems it proper to allow the

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present petition and quash and set aside the order dated 03.12.2024 passed by the District Parole Advisory Committee, Kotputli-Behror.

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Heard learned counsel for the parties and perused the material available on record.

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In view of the above, the criminal writ petition (parole) is allowed. The order dated 03.12.2024 passed by the District Parole Advisory Committee, Kotputli-Behror qua the petitioner is quashed and the Jail Authorities are directed to release the petitioner on third regular parole for a period of 40 days on furnishing of his personal bond of Rs.50,000/- with one surety of like amount to the satisfaction of the Superintendent, Special Central Jail, Jaipur with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period.

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In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law.

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Registrar (Judicial) is directed to send a copy of this order to Special Central Jail, Jaipur for necessary compliance.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /122

Suva Lal S/O Shri Ramkaran v. State of Rajasthan

Case brief

What is this about?

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Suva Lal S/O Shri Ramkaran v. State of Rajasthan

Case brief

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