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2019 DIGILAW 403 (RAJ)

Lehari Devi v. State of Rajasthan, Thr. Secretary Department Of Home Secretariat Jaipur (raj. )

2019-02-04

SANDEEP MEHTA, VINIT KUMAR MATHUR

body2019
JUDGMENT 1. Heard learned counsel for the parties. Perused the material available on record. 2. The petitioner Lehari Devi being mother of the convict Daya Ram has filed the instant writ petition for assailing the recommendations dated 18.12.2018 issued by the District Parole Committee, Pali whereby, the petitioners son the convict Daya Ram was denied the opportunity to avail the first parole. The parole committee, in its recommendations, noted that the convict and the complainant belong to the same village and if the convict is released on parole, it would adversely affect the opposite party and the possibility of quarrel ensuing cannot be ruled out. An apprehension has also been expressed that the convict may abscond. 3. We feel that in small communities where the victims family and the family of the accused are residents of the same village, such possibility can never be ruled out. However, if this reason is used for denying the parole to a convict, no person would ever be released on parole. The possibility of a quarrel ensuing and the possibility of abscondence of the convict can very well be checked by imposing suitable conditions and demanding heavy bonds. 4. The co-convict Vaga Ram, another son of the petitioner has been granted parole by this Court vide order dated 01.02.2019 passed in D.B. Criminal Writ No. 32/2019. 5. In view of the above and taking into consideration the factual matrix, we are of the considered view that the convict prisoner is entitled to be released on first parole for a period of 20 days. 6. Accordingly, the writ petition (parole) filed by petitioner Lehari Devi for release of her son convict prisoner Daya Ram on first parole is allowed. The recommendations dated 18.12.2018 are hereby quashed and struck down. The convict prisoner Daya Ram shall be released on first parole of 20 days provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur on the usual terms and conditions and upon furnishing an undertaking that he shall not contact/influence/threaten in any manner the members of the complainant party and shall maintain peace and good behaviour during the period of his regular parole. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur on the usual terms and conditions and upon furnishing an undertaking that he shall not contact/influence/threaten in any manner the members of the complainant party and shall maintain peace and good behaviour during the period of his regular parole. The Superintendent, Central Jail, Jodhpur 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.