Rajkumar, S/o Shri Rawaldas, Through His Wife - Smt. Rekha v. State of Rajasthan, Through Inspector General, Prison, Jaipur, Rajasthan
2024-11-05
ASHUTOSH KUMAR
body2024
DigiLaw.ai
Order : ASHUTOSH KUMAR, J. 1. This criminal writ petition has been filed by the petitioner- Rajkumar through his wife-Smt. Rekha with the prayer to release the petitioner on second regular parole for a period of 30 days. 2. The District Collector and District Magistrate, Bundi in its meeting dated 24.08.2023 has denied the second regular parole of the petitioner. 3. Learned counsel for the petitioner submitted that the petitioner was released on first regular parole for 20 days from 29.04.2022 to 18.05.2022 and after completion of the period, he had surrendered before the Jail Authorities. 4. Learned counsel for the petitioner further submitted that good. As per Anx. R-1, the jail conduct of the petitioner is satisfactory and as per Anx. R-3, the report submitted by the Social Justice and Empowerment Department, Bundi, the Department has recommended the release of the petitioner on parole. Therefore, learned counsel prayed that the present petition be allowed and the petitioner be released on second regular parole of 30 days. 5. Learned counsel for the petitioner has drawn attention of this Court towards the judgment passed by the Division Bench of this Court in the case of Ramji Lal @ Ramjya Vs. State of Raj. & Ors. in D.B. Civil Writ Petition (Parole) No.3040/2007 decided on 06.07.2007. 6. On the other hand, learned Public Prosecutor has opposed the petition. 7. Heard learned counsel for the parties and perused the material available on record. 8. Admittedly, as per the judgment passed by the Division Bench of this Court in the case of Ramji Lal (supra), it has been held that on the basis of adverse police report, grant of parole cannot be denied to the petitioner. 9. Considering the fact that the petitioner has served the sentence of about 10 years in total whereas, the maximum sentence awarded to the petitioner is 20 years and 9 months in total for 46 different cases pertaining to offences under Section 138 of the Negotiable Instruments Act, 1881 and also the facts that the jail conduct of the petitioner has been satisfactory and the Social Welfare Department has also recommended to release the petitioner on second regular parole and also that during his Court deems it proper to allow the present petition and quash and set aside the order dated 24.08.2023 passed by the District Magistrate, Bundi. 10.
10. In view of the above, the criminal writ petition (parole) is allowed. The order dated 24.08.2023 passed by the District Magistrate, Bundi qua the petitioner is quashed and the Jail Authorities are directed to release the petitioner on second regular parole for a period of 30 days on furnishing of his personal bonds of Rs.50,000/- with one surety of like amount to the satisfaction of the Superintendent, Central Jail, Kota with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period. 11. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law. 12. Registrar (Judicial) is directed to send a copy of this order to Superintendent, Central Jail, Kota for necessary compliance.