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2009 DIGILAW 896 (RAJ)

Aseen Khan v. State Of Rajasthan

2009-03-30

K.S.CHAUDHARI, K.S.RATHORE

body2009
JUDGMENT 1. - This order governs the disposal of writ petition (parole) filed by Mr. Satyapal Poshwal, Advocate on behalf of convict-petitioner, Aseen Khan under Article 226 of Constitution of India. 2. Heard learned counsel for the convict-petitioner and learned Public Prosecutor for the State and also perused the order dated 15.1.2009 passed by the advisory Committee. 3. The convict is undergoing the sentence of life imprisonment awarded to him by the Additional District & Sessions Judge, (Fast Track),. No. 2, Alwar vide judgment and order dated 4.8.2005 in Sessions Case No. 41/2004 for the offence under Sections 302/149, 148, 323/149, 325/149 and 341 IPC. 4. Learned counsel appearing on behalf of convict placed reliance on the judgment delivered by this Court in the case of Budhi v. State of Rajasthan & Anr., reported in 2005 (1) RDD p. 4380 and in the case of D.B. Civil Writ Petition (Parole) No. 3274/2003, decided on 9.9.2003. 5. Reply to the petition has been filed by the State and it appears that the petitioner has completed the requisite period of sentence in jail for consideration to release him on first parole of twenty days. We have also perused the order dated 15.1.2009, it appears that on account of report of the Superintendent of Police concerned, the first parole application was rejected, however, the conduct of the petitioner was found satisfactory and no complaint is there against the petitioner. There are no convincing reasons in the report, therefore, the reasons for refusing parole are not satisfactory. There does not appear any material to refuse first parole sought by the petitioner. 6. In view of above, we deem it proper to allow the petition. 7. Accordingly, the petition is allowed. It is ordered that convict-petitioner, Aseen Khan S/o Bahra @ Shamsher Khan shall be released on parole for a period of 20 days on furnishing proper bail bonds to the satisfaction of the Superintendent, District Jail, Alwar on usual terms and conditions as determined by him. The Superintendent of jail shall also fix a date for the surrender of the convict-petitioner before the jail authorities.Petition allowed. *******