High CourtsDivision Bench

Puran Singh vs State of Rajasthan and Others

Rajasthan High Court · Decided on 9 September 2011 · Citation: (2011) 09 RAJ CK 0057

HON’BLE JUDGES
S.S. Kothari, J · Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Rajasthan Prisons (Release on Parole) Rules, 1958 — Rule 11, 9
CASE NUMBER
Civil Writ Petition (Parole) No. 10467 of 2011
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Judgment

6 paragraphs · 439 words
1.

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

2.

Petitioner is in jail upon his conviction and sentence awarded by the trial court. Previously also, Petitioner remained on first regular parole on recommendation of the Superintendent Central Jail, Jaipur and acceptance by the District Parole Advisory Committee for a period of twenty days upon conduct of the Petitioner found satisfactory in the jail. This time also, Superintendent Central Jail, Jaipur has recommended District Parole Advisory Committee for his second parole for a period of thirty days however, 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. Assistant Director, Social Justice and Empowerment Department, Sikar also did not report anything adverse against Petitioner during the period when he earlier remained on first regular parole for a period of twenty days.

3.

Learned Government Counsel could not controvert the aforesaid facts.

4.

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.

5.

In the result, the parole petition is allowed. Petitioner Puran Singh S/o Dayal Singh shall be released on parole for a period of thirty 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 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 as provided under Rule 11 of the Rules of 1958.

6.

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.