Sonu @ Devendra S/o Shri Rajendra Singh v. State of Rajasthan Through Inspector General of Prison, Jaipur
2017-01-13
PRASHANT KUMAR AGARWAL
body2017
DigiLaw.ai
ORDER : 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioner, who is undergoing sentence in the Central Jail, Alwar seeks grant of regular parole for twenty days under Rule 9 of the Rajasthan Release of Prisoners On Parole Rules, 1958. The petitioner was convicted and sentenced by the Additional Chief Judicial Magistrate, Kumher, District Bharatpur vide judgment and order dated 16.11.2011 in Criminal Case No. 476/2011 for offences under Sections 394/34 I.P.C. and Section 3/25 of the Arms Act and maximum sentence of seven years was awarded and Appeal No.12/2012 filed by the petitioner was dismissed by the Appellate Court vide judgment and order dated 10.07.2013. 3. Learned counsel for the petitioner submits that the petitioner submitted an application before the District Parole Advisory Committee, which was considered in its meeting dated 30.05.2016 and the same was dismissed on the ground of adverse police report and accordingly order was passed on 02.06.2016. It was submitted that prayer of the petitioner was declined by the reason that petitioner is a habitual offender and he may abscond and repeat the offence, if released on parole although there is no material available on record to support the police report. It was submitted that as per Rule 9 of the Rules of 1958, the petitioner is entitled to grant of first parole for twenty days. 4. Learned Public Prosecutor submits that the petitioner is not entitled to grant of parole due to adverse police report. 5. Considering the facts and circumstances of the case and the conduct of the petitioner in jail, the report of the police cannot be considered to be the sole ground to refuse regular parole to the petitioner, more particularly in view of the fact that there is no material available on record to support the view of the Superintendent of Police that the petitioner is a habitual offender and he may abscond and repeat offences if released on parole. Therefore, I deem it proper to grant first parole to the petitioner for twenty days under Rule 9 of the Rules of 1958. 6. It is, therefore, ordered that the petitioner Sonu @ Devendra son of Shri Rajendra Singh presently undergoing sentence in the Central Jail, Alwar shall be released on parole for twenty days provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs.
6. It is, therefore, ordered that the petitioner Sonu @ Devendra son of Shri Rajendra Singh presently undergoing sentence in the Central Jail, Alwar shall be released on parole for twenty days provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the District Magistrate, Bharatpur to the effect that he will surrender himself before the Superintendent Central Jail, Alwar on completion of twenty days i.e. the parole period. The parole period shall be counted from the date of his release. 7. Consequently, the writ petition stands disposed of.