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2010 DIGILAW 1801 (RAJ)

Kartar Singh v. State

2010-10-27

DALIP SINGH, S.S.KOTHARI

body2010
JUDGMENT 1. - This petition has been preferred by the petitioner seeking a direction for release on first regular parole for the period of 20 days under the Rajasthan Prisoners Release on Parole Rules, 1958. 2. As per the record, the conduct of the petitioner as mentioned in the nominal roll issued by the Superintendent of Jail, Bharatpur is satisfactory. The Advisory Committee rejected the parole application of the petitioner vide their order dated 15.07.2010 [Annexure-1] on the ground that Superintendent of Police as well as the Social Welfare Officer have not given their consent for the release of the petitioner. Along with the reply, report of the Superintendent of Police has been filed as Annexure-R/2. In Para 3 of the report of the Superintendent of Police, Bharatpur [Annexure- R/2], it was stated that the petitioner " canh vijk/kh izo`fRr dk O;fDr gS ". It was also stated that " tkudkjh vuqlkj canh dk vkpj.k lafnX/k gS " 3. With a view to satisfy ourselves we directed the learned Counsel appearing for the State to get the report from the concerned Police Station regarding previous history of the accused of his being involved in any other criminal case. Today, learned Counsel for the State has produced before us the fax message dated 26.10.2010 sent by the SHO, Police Station, Atalbandh, District Bharatpur wherein it has been stated that " mlds f[kykQ vU; vijk/k iathc) ugha gS ". 4. Having regard to the facts and circumstances of this case and principal laid down for release of prisoners on parole and having regard to the fact that the petitioner has three children; two sons and one daughter and even as per the report of the Superintendent of Police, it is the daughter who is looking after two sons aged 13 and 9 years respectively, we deem it just and proper to accept this petition. 5. Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Bharatpur to. immediately release the petitioner namely; Kartar Singh S/o Shri Guttaram on first regular parole for a period of 20 days, which shall commence from the date of his release, upon furnishing personal bond in a sum of Rs. 50,000/- (Rupees fifty thousand only) with two sureties of Rs. 25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Bharatpur on usual terms and conditions and as per rules. 50,000/- (Rupees fifty thousand only) with two sureties of Rs. 25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Bharatpur on usual terms and conditions and as per rules. The Superintendent, Central Jail, Bharatpur shall also fix the date for surrender of the accused-petitioner.Petition Allowed. *******