VINOD SINGH @ VIJENDRA SINGH v. STATE OF RAJASTHAN
2017-05-15
AJAY RASTOGI, DINESH CHANDRA SOMANI
body2017
DigiLaw.ai
ORDER : 1. Instant petition has been filed by the convict-petitioner Vinod Singh @ Vijendra Singh S/o Sarjan Singh seeking first regular parole for a period of 20 days u/R.9 of the Rajasthan Prisoners Release on Parole Rules, 1958. 2. The petitioner on being convicted for offence u/S. 302 IPC in Sessions Case No. 10/2013 by the Additional Sessions Judge No. 2, Jhunjhunu vide judgment dated 17.12.2016, is serving life sentence in Central Jail, Bikaner. 3. 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 but the same came to be dismissed whereas the jail conduct of the petitioner has been found to be satisfactory and the Social Welfare Department has also recommended his case for grant of first regular parole and the only reason for not extending 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 material has come on record and as regards, nature of offence is concerned, as already observed by this court, that may not come in way while seeking regular parole to which the convict-petitioner is entitled for under the law. 4. After considering the submissions made by counsel for the parties and the fact that conduct of convict-petitioner in jail being satisfactory which is the precondition contemplated u/R.9 of the Rules, 1958 and in the facts & 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. 5. Consequently, the instant petition succeeds & is hereby allowed and the jail authorities are directed to release the petitioner (Vinod Singh @ Vijendra Singh S/o Sarjan Singh) on first regular parole, if not availed of, for 20 days including days of journey to home & 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 Central Jail, Bikaner on expiry of 20 days (supra) to be notified by jail authority and shall maintain peace & tranquility during parole period and in addition to it he shall further report during parole on each Sunday at 11:00 AM at concerned police station and that report be furnished to the Superintendent, Central Jail, Bikaner. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. 6. A copy of this order be sent to the petitioner through the jail authority for compliance. No costs.