Smt Jarina Bano vs State And Ors

The petitioner Jarina Bano has approached this Court by way of this parole petition seeking a direction to the respondents to release her husband convict-prisoner Aslam Khan on second parole of 30 days.

The first parole petition being D.B. Civil Writ Petition (Parole) No.12211/2017 filed by the convict himself was allowed by this Court vide order dated 14.10.2017. However, his second parole petition was dismissed by the District Parole Advisory Committee, Churu vide its recommendation dated 25.01.2019 on the ground that twice the convict-prisoner has been convicted for jail offences.

While filing response to the writ petition, learned AAG has placed on record the criminal antecedents of the convict-prisoner which shows that he has been convicted in no less than 5 criminal cases including the one under which, he is undergoing life imprisonment (decided vide judgment dated 13.01.2017). Nonetheless, on perusal of the list of the criminal cases, it is apparent that three out of the five convictions recorded against the convict-prisoner are for the offences under Sections 341, 323, 147, 148 and 149 of the IPC. which are trivial in nature. The prisoner has also been convicted in one case for the offence under Section 307 IPC vide judgment dated 23.01.2016. In appeal (Criminal Appeal No.256/2016) filed against the said judgment, sentence awarded to the convict has been reduced to the period already undergone by him. There is no allegation whatsoever that the convict misused the terms and conditions of the first parole granted to him vide order dated 14.10.2017 passed in D.B. Civil Writ Petition (Parole) No.12211/2017.

In this background and having regard to the facts and circumstances of the case, we are inclined the grant second parole of 30 days to convict-prisoner.

Accordingly, the writ petition (parole) is allowed. The impugned recommendations dated 25.01.2019 are quashed and struck down qua the convict-prisoner. The convict-petitioner Aslam Khan S/o Sawai Khan be released on second parole for a period of 30 days provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Bikaner on the usual terms and conditions. The Superintendent, Central Jail, Bikaner shall be at liberty to impose other adequate and reasonable conditions to ensure return of the petitioner to the custody after availing the parole. His term of parole shall be computed from the date of his actual release.