Sohanlal @ Vakta v. State, Through Secretary, Home Jaipur
2019-04-22
NARENDRA SINGH DHADDHA, SANDEEP MEHTA
body2019
DigiLaw.ai
JUDGMENT 1. The petitioner-convict Sohan Lal has forwarded this parole writ petition from jail for assailing the recommendations dated 09.01.2019 whereby, the application submitted by the convict under Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred as the Rules of 1958) was dismissed. The convict was granted parole of 20 days but he did not surrender back on the due date and over-stayed for a period of ten days. Thereafter he moved an application under Rule 18 (ii) of the Rules of 1958 which reads as under:- 18. Punishment for breach of conditions of Parole. - The following punishments may be awarded to the prisoners for over staying their sanctioned parole period or for breach of any other conditions laid down namely:- (i) .. (ii) In case the prisoner is released on the recommendation of the Superintendent of Jail concerned after the breach of condition, the period release of parole would be 7 days excluding days of journey to home and back. The next parole will be 15 days (Provided he has behaved himself well during the period) and 30 days in the fourth parole. (iii) .. 2. As per the report of the Social Welfare Department, the convict hails from a poor family. He is an Aadiwasi. During his first parole period, no complaint was received against the convict. 3. In this background, we feel that there is no justification behind the decision of the District Parole Advisory Committee in turning down the parole application filed by the convict under Rule 18 of the Rules of 1958. 4. Accordingly, the writ petition (parole) is allowed. The impugned recommendations dated 09.01.2019 are quashed and struck down qua the petitioner. The convict-petitioner Sohan Lal @ Vakta be released on for a period of seven days provided he furnishes a personal bond in the sum of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the Superintendent, Central Jail, Udaipur on the usual terms and conditions. The Superintendent, Central Jail, Udiapur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the petitioner to the custody after availing the parole. His term of parole shall be computed from the date of his actual release.