Surendra Singh vs State of Rajasthan

Heard learned counsel for petitioner as also the learned counsel for State. This letter petition has been received from the petitioner who is undergoing the sentence as consequence of his conviction for offence u/s 302 and sentence life imprisonment.

It is pointed out that the petitioner has earlier been released on parole and his application for third regular parole for 40 days has been rejected. Notice of the writ petition was given to the respondents who submitted the reply. As per reply, the petitioner is said to have earned jail punishment on 19.2.2009, 21.3.2009 and 10.5.2005 as in para B of the reply. However, it has not been disputed that after awarding of the said punishment, the petitioner was granted parole by the Advisory Committee from 4.11.2010 to December, 2010 for 30 days. It is not the case that any jail punishment has been awarded thereafter.

In the facts and circumstances of the case, we would therefore allow this petition and direct that the petitioner Surender Singh S/o Shri Madan Singh be released on third regular parole for 40 days upon furnishing a personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand Only), along with two sureties of Rs. 25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the Superintendent, Central Jail, Jodhpur, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Jodhpur shall also fix a date for his surrender before the jail authorities. The parole petition stands allowed.