Rajkumar @ Raju vs State of Rajasthan and Others

Smt. Mamta, wife of petitioner-Rajkumar @ Raju, is present in person. Mr. Brijesh Kumar Gupta, P.A. to Government Advocate, on behalf of respondents, is also present in person.

Heard finally.

Convict-petitioner has preferred this parole writ petition for grant of first parole of 20 days.

Although, notice was not issued to the respondents, but reply to writ petition has been filed in the matter by respondents. On query, it is stated by the representative of the respondent-State that copy of parole writ petition was supplied in the Office of the Government Advocate, therefore, it was presumed that as per direction of this Court, copy of the writ petition has been supplied, therefore, reply has been filed.

One of the facts mentioned in the reply is that earlier the convict-petitioner was granted interim bail vide order dated 08.08.2011 passed in D.B. Criminal Misc. Third Interim Suspension of Sentence Application No. 837/2011, for a period of one month on the ground of ailment of his wife, who is suffering from brain-tumor.

Smt. Mamta, wife of petitioner, who is present in person before the Court, has admitted that although interim bail was granted to her husband, the present petitioner, on the ground of her ailment, but she could not be operated for brain-tumor as they could not arrange sufficient funds for operation. However, she referred the medical prescription etc. during the course of arguments. As per the nominal roll of convict-petitioner, his conduct in jail is satisfactory and he has completed 1/4th of his sentence, so as to make him eligible for grant of first parole of 20 days.

After considering all the facts and circumstances of the case, we are inclined to allow this parole writ petition.

Consequently, the parole writ petition is allowed and it is directed that convict-petitioner, Rajkumar @ Raju S/o Shri Ramchandra shall be released on first parole of 20 days, on his furnishing a personal bond in the sum of Rs. 25,000/- (Rs. Twenty five thousand) with one surety of the like amount, each to the satisfaction of the concerned District Magistrate. Registry is directed to send a copy of this order for compliance to the concerned District Magistrate.