Kulda Ram vs State of Rajasthan and Others

Petitioner has submitted this petition seeking first regular parole for a period of twenty days.

Petitioner is in jail upon his conviction and sentence awarded by the trial court. The Superintendent Central Jail, Jaipur though recommended to the District Parole Advisory Committee for grant of regular parole but till date, report of the Committee has not been received. The Superintendent of Police Sikar mechanically opined that in the event of release of Petitioner on parole, there may be apprehension of danger to the society. No basis has been given for such an assumption.

Learned Government Counsel could not controvert the aforesaid facts.

Having heard learned Counsel for the Petitioner, learned Government Counsel and perused the material available on record and the facts stated hereinabove, we are inclined to release the Petitioner on first regular parole for a period of twenty days from the date of his release as provided under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 on certain terms and conditions to be specified by the jail authorities.

In the result, the parole petition is allowed. Petitioner Kulda Ram S/o Hanuman shall be released on first regular parole for a period of twenty days from the date of his release from the Central Jail, Jaipur upon his furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the Superintendent Central Jail, Jaipur. The period of twenty days shall be fixed by the Superintendent Central Jail, Jaipur. Petitioner is directed to surrender before the jail authorities immediately after expiry of period of parole of twenty days. In case, Petitioner fails to surrender on the stipulated date of surrender, the jail authorities shall immediately inform the trial court, which shall take necessary steps for his arrest. It is also stipulated that during the period of twenty days, Petitioner shall remain under the supervision of Probationary Officer appointed by the jail authorities as provided under Rule 11 of the Rules of 1958.

With the above directions, the parole petition stands disposed of. A copy of this order be sent to the concerned Magistrate and Superintendent Central Jail, Jaipur for necessary compliance.