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2018 DIGILAW 2247 (RAJ)

Surendra Singh Rajput v. State of Rajasthan

2018-12-04

BANWARI LAL SHARMA, MUNISHWAR NATH BHANDARI

body2018
JUDGMENT Munishwar Nath Bhandari, J. - This writ petition has been filed to seek regular parole for a period of forty days under the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short "the Rules of 1958"). 2. Learned counsel submits that the petitioner has availed first, second and third parole. He has returned back to jail without any default. Looking to conduct of the petitioner, he was sent to open jail. He absconded therein, thus subjected to prosecution, however, a period of more than two years has already passed thereupon. The petitioner has prayed for parole of forty days under Rule 9 of the Rules of 1958, which provides that after third parole, if the convict is not released on permanent parole, he would be entitled to forty days' parole each year. Accordingly, a prayer is made to accept the prayer made in the writ petition. 3. Learned Additional Government Advocate has opposed the writ petition. It is submitted that conduct of the petitioner is not such, which may entitle him to get parole. It is looking to the fact that he absconded from open jail. If, at all, he is entitled to the benefit of parole, should be governed by Rule 18 of the Rules of 1958. The petitioner is not entitled to parole for forty days. He is only entitled to seven days' parole. 4. We have considered the submissions made by learned counsel for the parties and find that the petitioner has already taken benefit of first, second and third parole. The reply does not show any lapse on part of the petitioner to return back to jail after availing the parole. The petitioner was sent to the open jail, however, he absconded therein. He has subjected to prosecution but a period of more than two years has already passed thereupon. 5. In view of the above and keeping in mind Rule 9 read with Rule 18 of the Rules of 1958, the petitioner is entitled to parole but looking to his conduct, he would be entitled only for seven days' parole at this stage. Accordingly, the writ petition is disposed of. 6. The Superintendent, Central Jail, Bikaner is directed to release the petitioner, namely, Mr.Surendra Singh s/o Shri Madan Singh on parole for a period of seven days from the date of his release on furnishing his personal bond of Rs. Accordingly, the writ petition is disposed of. 6. The Superintendent, Central Jail, Bikaner is directed to release the petitioner, namely, Mr.Surendra Singh s/o Shri Madan Singh on parole for a period of seven days from the date of his release on furnishing his personal bond of Rs. 50,000/- (Rs.Fifty Thousand Only) and one surety in the like amount to the satisfaction of the Superintendent, Central Jail, Bikaner with the stipulation that he shall surrender himself and return back to the Central Jail, Bikaner. He shall maintain peace & tranquility during the period of parole which will include journey period also. In case, he fails to surrender on the stipulated date, the jail authority shall proceed in accordance with law.