Lachchhi @ Laxman S/o Shri Chandan Singh v. State of Rajasthan Through Inspector General, Prison, Jaipur
2017-04-17
AJAY RASTOGI, DINESH CHANDRA SOMANI
body2017
DigiLaw.ai
ORDER : The convict-petitioner Lachchhi @ Laxman S/o Shri Chandan 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 by the ld. trial judge is serving life sentence in Central Jail, Sewar, Bharatpur. 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 and as regards, jail conduct of the petitioner is concerned, the same has been found to be satisfactory and the Social Welfare Department has recommended the case of the petitioner for grant of parole and the only reason for not extending the first regular parole to the petitioner to which he is otherwise entitled for is adverse police report but as it reveals is mechanically drafted and no tangible evidence has been placed on record in support thereof. 4. 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 & 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 writ petition stands allowed and recommendations of the committee vide order dated 23.2.2017, qua the petitioner stands quashed. The jail authorities are directed to release the petitioner (Lachchhi @ Laxman S/o Shri Chandan 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 District Magistrate, Bharatpur/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 & tranquility during parole period and in addition to it he shall further report during parole on each Sunday at 11:00 AM at the 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.
In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. A copy of this order be sent to the petitioner through jail authority for compliance. No costs.