Om Prakash vs State of Rajasthan and Others

Petitioner has submitted this parole petition seeking second parole for a period of thirty days.

Petitioner is in jail upon his conviction and sentence awarded by the trial court vide judgment and order dated 6/1/2006. Previously also, Petitioner remained on parole on recommendation of the District Parole Advisory Committee.

The conduct of the Petitioner in the jail has been reported to be satisfactory by the Superintendent, Central Jail, Jaipur and the Assistant Director Social Justice and Empowerment Department Sikar has also recommended for grant of second parole to the accused Petitioner. There is no adverse report even from the Superintendent of Police Sikar however, he mechanically opined that in the event of release of Petitioner on parole, there may be apprehension of danger to his life. No basis has been given for such an assumption. During the period when Petitioner was earlier released on parole for a period of twenty days, nothing adverse was reported against him.

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 second parole for a period of thirty 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 Om Prakash S/o Shri Jagan Ram shall be released on parole for a period of thirty days from the date of his release from the Central Jail, Jaipur on 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 thirty 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 thirty 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 thirty days, Petitioner shall remain under the supervision of Probationary Officer appointed by the jail authorities 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.