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2009 DIGILAW 2216 (RAJ)

Sunil Dhawan @ Sonu v. State of Rajasthan

2009-10-26

DALIP SINGH, K.S.CHAUDHARI

body2009
JUDGMENT 1. - Heard learned counsel for the parties. Perused the record as well as the report of the Superintendent of Police, Ajmer and that of the Social Welfare Officer, Ajmer. 2. The application of the petitioner for grant of first regular parole of 20 days was rejected on account of the adverse reports given by the police as well as the Social Welfare Officer. These reports were called by this Court and are filed by the learned counsel for the respondents. 3. The reasons given by the police as well as the Social Welfare Officer are virtually similar regarding threat to the family of the victim and apprehension of breach of peace. From the record, we find that three co-accused, namely, Pushpendra, Yogesh and Brahmjeet are already on bail after suspension of their sentence by this Court after conviction since 21.12.2006 and no such untoward incident has been reported. 4. Keeping in view the principles with regard to release on parole, we deem it just and proper to accept this petition and direct that the petitioner be released on first regular parole for a period of 20 days as per rules. 5. Consequently, we allow this petition, directing the Superintendent, Central Jail, Ajmer to release petitioner Sunil Dhawan @ Sonu S/o Shri Prem Prakash, R/o Bhajanganj, Ajmer (presently confined in Central Jail, Ajmer) on first regular parole for a period of 20 days, which shall commence from the date of his release, upon furnishing his surety for a sum of Rs. 50,000 ( Rs. Fifty thousand only) along with two sureties of Rs. 25,000/- ( Rs. Twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Ajmer, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Ajmer shall also fix a date for his surrender before the jail authorities. 6. The writ petition stands allowed with the aforesaid directions.Writ Petition Allowed. *******