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2017 DIGILAW 2833 (RAJ)

Ramavatar Meena S/o Shri Jaldhari v. State of Rajasthan Through The Secretary Home, Secretariat, Jaipur

2017-12-20

KANWALJIT SINGH AHLUWALIA

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ORDER : KANWALJIT SINGH AHLUWALIA, J. 1. The present writ petition has been filed under Article 226 of the Constitution of India prying that the orders passed by the respondents, whereby first parole to the petitioner for twenty days has been refused, be set aside. 2. The petitioner, herein, was tried for offences under Sections 420 and 120-B IPC. The sentence of three years awarded upon the petitioner has attained finality. As per the custody certified issued by Superintendent, Central Jail, Jaipur to the learned Public Prosecutor, petitioner as on today has undergone two years, five months and twenty-six days along with remission. 3. The authorities below have refused to grant parole to the petitioner on the ground that in May, 2017, the petitioner had not executed work allotted to him in Udhyogshala. 4. The learned counsel for the petitioner has relied upon the judgment dated 3.3.2017 rendered by Division Bench of this Court in the case of Shreeman v. State of Rajasthan, D.B Civil Writ Petition No. 17648/2016, wherein even though petitioner therein had not performed work assigned to him satisfactorily, parole was still granted. 5. The learned counsel for the petitioner has contended that the plea raised by the respondents that the petitioner had not worked in the Udhyogshala, has not been approved by any authority. No judicial appraisal of the jail punishment is available and hence, mere work stated by the jai authorities should not be construed to be detriment of the petitioner. 6. Parole is granted to the accused to reform himself and assimilate in the society. Taking laudable objects for which parole has been enacted, this Court is of the view that the petitioner is entitled for grant of parole. 7. Consequently, the present petition is accepted. The petitioner is held entitled for grant of twenty days parole subject to his furnishing personal bonds and bonds by the sureties to the satisfaction of the District Magistrate, Dausa. Considering that the sentence of the petitioner is near culmination, District Magistrate, Dausa is directed to ensure that the sureties to be furnished by the petitioner are registered sureties and are verified by revenue officer not below the rank of Tehsildar.