Ramgopal S/o Shri Shiv Singh v. State of Rajasthan Through Inspector General, Prison, Jaipur
2017-04-04
PRASHANT KUMAR AGARWAL
body2017
DigiLaw.ai
JUDGMENT : Prashant Kumar Agarwal, J. Heard learned counsel for the parties on the application for early hearing of the petition and on writ petition itself. 2. For the reasons stated in the application for early hearing of the writ petition, the same is allowed. The writ petition was heard today itself. Accordingly, the application No.18602/2017 stands disposed of. 3. By this writ petition, the petitioner, who is undergoing sentence in the Central Jail, Bharatpur 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 by the Additional Sessions Judge No.3, Bharatpur vide judgment and order dated 8.9.2016 in Sessions Case No.12/2014 for offences under Sections 304-II IPC read with Section 3/25 of the Arms Act and maximum sentence of ten years was awarded. 4. Learned counsel for the petitioner submits that the petitioner submitted an application before the District Parole Advisory Committee, which was considered in its meeting and the same was dismissed on the ground of adverse police report and accordingly order was passed on 23.2.2017. It was further submitted that the petitioner is in judicial custody since his conviction and he has already completed the prescribed period of custody required for release on first regular parole and his conduct and behaviour in jail has been good and unblemished and, therefore, he is entitled for regular first parole as per Rajasthan Release of Prisoners on Parole Rules, 1958 but his prayer for release on parole was denied vide order dated 23.2.2017 merely on the report of the Superintendent of Police, to the effect that if the petitioner is released on parole, there is possibility of breach of peace. It was submitted that no material is placed on record to substantiate the apprehensions expressed by Superintendent of Police. 5. Learned Public Prosecutor submits that the petitioner is not entitled to grant of parole due to adverse police report. 6. 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. Therefore, I deem it proper to grant first parole to the petitioner for 20 days under Rule 9 of the Rules of 1958. 7.
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. Therefore, I deem it proper to grant first parole to the petitioner for 20 days under Rule 9 of the Rules of 1958. 7. It is, therefore, ordered that the petitioner Shri Ramgopal S/o Shri Shiv Singh, presently undergoing sentence in the Central Jail, Bharatpur 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, Bharatpur on completion of twenty days i.e. the parole period. The parole period shall be counted from the date of his release. 8. Consequently, the writ petition stands disposed of.