Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 1693 (RAJ)

Surendra v. State of Rajasthan

2008-07-14

C.M.TOTLA, PRAKASH TATIA

body2008
JUDGMENT 1. - This parole petition has been submitted by accused convict Surendra @ Chhindra who is serving sentence in Central Jail, Sriganganagar. As per facts mentioned in the reply, the petitioner was convicted for offence under Section 302 and 302/34 IPC vide judgment and order dated 26.07.03 passed by the court of Additional Sessions Judge No.1, Hanumangarh in Sessions Case No. 2/02. He has already served sentence for 7 years 09 months and 06 days as on 10.7.08. 2. The first parole application of petitioner has been rejected vide order dated 23.5.08 after taking note of the fact that he did not avail the benefit of release on parole on earlier occasion. This is no ground for rejection of petitioner's parole application. Another ground is that in case petitioner is released on parole, it will give bad impression and further he may have vengeance for himself. These two grounds are not supported by any material and reason. It is mentioned in the order dated 23.5.08 (Annex.R/1) that petitioner has two houses in the local area, however, one of the co-accused is absconding and therefore, there is an apprehension that petitioner may also abscond. 3. In the facts and circumstances of the case, these grounds are not satisfactory grounds for refusing parole. Petitioner has already served sentence of seven years and he deserves to be given opportunity to re-establish himself in the society. 4. Accordingly, the parole writ petition is allowed. It is directed that the petitioner Surendra @ Chhindra shall be released on parole for a period of 20 days on just and appropriate conditions determined by the Superintendent Central Jail, Sriganganagar to his own satisfaction. The Superintendent, Central Jail, Sriganganagar will also give a date for surrender. A copy of the order may be sent to the convict. 5. Parole petition is allowed accordingly.Writ Petition Allowed. *******