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Judgment
12 paragraphs · 370 words-ORDER
Admit
At the request of the parties, final arguments were heard and the writ petition is being disposed of finally.
Convict-Petitioner has preferred this parole writ petition for grant of first parole of 20 days.
A notice to show cause was given and in response thereto, the Respondents have filed their reply to writ petition.
Learned Counsel for Petitioner submitted that Petitioner has already completed 1/4th of his sentence of imprisonment and his conduct during jail custody was satisfactory, therefore, Petitioner may be released on first parole of 20 days.
Submission of learned Additional Govt. Counsel is that parole application of Petitioner was considered and it was rejected by the District Parole Advisory Committee on the basis of adverse report given by the Superintendent of Police.
We have considered the submissions of learned Counsel for the parties.
It is admitted by the Respondents in Annexure-R/1 that Petitioner has completed 1/4th of his sentence of imprisonment and his conduct during jail custody was satisfactory. The Respondents have also annexed a copy of report dated 15.07.2010 of Superintendent of Police, Bharatpur, which is based on the report of S.H.O. and Deputy Superintendent of Police, but the said reports have not been enclosed so as to substantiate the report of Superintendent of Police.
After considering all the facts and circumstances of the case, we are of the view that Petitioner deserves to be granted first parole of 20 days.
Consequently, the parole writ petition is allowed. Impugned order dated 09.11.2010 passed by the District Parole Advisory Committee qua Petitioner is quashed and it is directed that convict-Petitioner Jagdmba S/o Shri Subaran shall be released on first parole of 20 days provided he furnishes a personal bond in the sum of Rs. 50,000/-(Rs. Fifty thousand) with two sureties of Rs. 25,000/- (Rs. Twenty five thousand) each to the satisfaction of the Superintendent of the concerned jail. It will be open for the concerned Jail Superintendent to impose any other condition to secure the presence of Petitioner as per rule.
A copy of this order be sent for information to Petitioner and for information and compliance to the Superintendent of the concerned jail.