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2014 DIGILAW 1065 (RAJ)

Yusuf v. State of Rajasthan

2014-05-01

VIJAY BISHNOI

body2014
JUDGMENT 1. - This letter addressed by the convict prisoner-Yusuf son of Yaseen Khan, presently lodged at Central Jail, Jodhpur, is treated as a petition for writ. The petitioner-prisoner came to be convicted for the offence punishable under section 307 I.P.C. under the judgment dated 26.07.2013 passed by learned Sessions Judge, Jodhpur. Imprisonment for 07 years has been awarded to him as sentence. He has already served for a period of 2 years, 08 months and 07 days including Jail and State remission as on 31.03.2014. 2. The District Parole Advisory Committee, Jodhpur, in its meeting dated 28.11.2013, considered the case of the convict-prisoner for grant of first regular parole, but denied the same by relying upon the adverse remarks made by the Deputy Commissioner (East), Jodhpur. 3. It is noticed that the said Committee has not taken into consideration the report made by the District Probation-cum-Social Welfare Officer, wherein it is mentioned that Yunus-brother of the convict prisoner went to Dubai for earning his livelihood, his married sister is residing in B.J.S.Colony, Jodhpur and his wife and children are residing at Sumerpur. It is also mentioned in the report that at present, the house of the convict-prisoner is rented out to some other person. 4. Looking to the above noted facts, it cannot be said that if the convict prisoner is released on parole, there is possibility of confrontation between him and the victim party. 5. In reply to the writ petition, nothing adverse is stated about the conduct of the convict-prisoner, while in jail. 6. It is well-settled that the parole is a device for reformation of a criminal. The severity and nature of crime, except the crimes placed under exceptions for application of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958' hereinafter), is having no role in grant of parole. The effort that is required to be made to achieve the objects of the Rules of 1958 by placing a convict prisoner in regular stream of the society are not supposed to be frustrated by vague reasons. There may be little apprehensions and those are quite obvious, therefore, while considering a case for grant of parole, efforts should be made to meet those eventualities instead of denying regular parole to a convict-prisoner. 7. Having considered this factual background, this Court is inclined to grant this petition for writ. There may be little apprehensions and those are quite obvious, therefore, while considering a case for grant of parole, efforts should be made to meet those eventualities instead of denying regular parole to a convict-prisoner. 7. Having considered this factual background, this Court is inclined to grant this petition for writ. Accordingly, the same is allowed. The respondents are directed to release the convict-prisoner- Yusuf son of Yasin Khan to avail 20 days' first regular parole as per the provisions of the Rules of 1958, provided he furnishes two sureties of Rs. 50,000/- each and a personal bond of the same amount to the satisfaction of the Superintendent, Central Jail, Jodhpur. The Superintendent, Central Jail, Jodhpur, while releasing the convict-prisoner to avail the parole, shall be at liberty to impose other adequate and reasonable conditions to ensure his return to the State custody.Petition allowed. *******