Research › Search › Judgment

Rajasthan High Court · body

2014 DIGILAW 890 (RAJ)

Bittu Singh alias Manjeet Singh v. State

2014-04-09

AJAY RASTOGI, JAINENDRA KUMAR RANKA

body2014
JUDGMENT : The convict-petitioner Bittu Singh alias Manjeet Singh S/o Balwant Singh has preferred instant petition u/R. 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 for grant of first regular parole of 20 days. 2. The petitioner on being convicted for offence u/S.302, IPC in Sessions Case No.31/2007 by the ld. Additional District & Sessions Judge (F.T.) No.4, Deeg, Bharatpur vide judgment dt.18.10.2008, is serving life sentence in Central Jail, Bharatpur. 3. This Court, vide order dt.19.3.2014, wanted to know what is the authority of the Directorate Prisons, Rajasthan to send the Circular dt.30.9.2005 to all the District Magistrates, all Superintendent of Police and other jail authorities laying down guidelines for consideration of grant of parole under the Scheme of Rules, 1958. 4. In compliance of order dt.19.3.2014, reply has been filed and it is brought to the notice of the Court that R. 26 of the Rajasthan Jail Manual, clearly envisage that the District Magistrate shall in all affecting the discipline of Jails be subject to the control of Inspector General and shall report to him all important steps which he thinks proper to take. 5. In the light of R. 26 of Jail Manual, we do not find any error in the decision taken by the I.G, Prisons in issuance of Circular dt.30.9.2005. 6. Counsel for petitioner submits that the petitioner being eligible for seeking first regular parole of 20 days submitted application u/R. 9 of the Rules, 1958 and as regards, jail conduct of the petitioner is concerned, the same has been found to be satisfactory and at the same time, Social Welfare Department has recommended the case of the petitioner and the only reason for not extending the first regular parole to the petitioner to which he is otherwise entitled for is adverse report given by the Police which is mechanical and no tangible evidence is placed on record by the respondents. 7. After considering the submissions made by counsel for the parties and the fact that conduct of convict-petitioner in jail is satisfactory which is one of the pre-condition contemplated u/R. 9 of the Rules, 1958 and in the facts and circumstances, we consider it appropriate to grant the convict-petitioner the benefit of first regular parole to which he is entitled for under the Scheme of Rules, 1958. 8. 8. Consequently, the instant writ petition stands allowed and recommendations of the committee vide order dt.30.1.2014, qua the petitioner stands quashed. The jail authorities are directed to release the petitioner (Bittu Singh alias Manjeet Singh S/o Balwant Singh) on first regular parole, if not availed of, for 20 days including days of journey to home and back from the date of his release on furnishing his personal bond besides one surety of Rs.25,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the jail authority on expiry of 20 days (supra) to be notified by jail authority and shall maintain peace and tranquillity during parole period and in addition to it he shall further report during parole on each Sunday at 11:00 a.m. at concerned police station and that report be furnished to the jail authority. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. 9. A copy of this order be sent to the petitioner through jail authority for compliance. No costs. Petition allowed.