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Jagdish vs State on 7 March, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 66/2019

Jagdish S/o Shri Sankar Lal Ji, Aged About 45 Years, B/c
Bargunda, R/o Station Nagar, P.s. Mandal, District Bhilwara.
(Convict/prisoner Satyanarayan @ Jitu S/o Shri Jagdish At
Present Lodged In Central Jail Ajmer)

—-Petitioner
Versus

1. State, Through Secretary, Department Of Home,
Secretariat, Rajasthan, Jaipur.

2. The District Collector, Bhilwara.

3. The Superintendent, Central Jail, Ajmer.

—-Respondents

For Petitioner(s) : Mr.KR Bhati Mr.Jayant Joshi.
For Respondent(s) : Mr.SS Rajpurohit, PP.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

07/03/2019

1. The instant writ petition has been filed by the father of

convict Satyanarayan @ Jitu, who is languishing in Central Jail,

Ajmer, being convicted for offence punishable under Sections 377

IPC and Section 3/4 of POCSO Act and sentenced with ten years’

rigorous imprisonment for each offence respectively.

2. The Parole Committee has rejected the application only

on the ground that he may abscond and there is likelihood of

dispute with victim’s family.

3. The Jail Department has submitted its reply.

4. This Court has considered the decision of Parole

Committee rejecting the parole claimed. The convict has already

undergone a sentence of 03 years 01 month and 07 days as on
(2 of 2) [CRLW-66/2019]

14.2.2019. The Social Welfare department, Bhilwara in its report

dated 20.11.2018 has recommended release of convict on parole

on the condition that he would spend the time anywhere away

from the Village Bargunda within the jurisdiction of P.S. Mandal. It

is pertinent to note that the petitioner does not suffer from any

ineligibility for his release on parole as prescribed under Rule 14 of

the Rajasthan Prisoners Release on Parole Rules, 1958. More so,

ipsi dixit reason of adverse police report cannot be a ground for

refusing parole. It is well settled that parole is a device for

reformation of a criminal for his rehabilitation in society. The

object of parole can’t be frustrated on the basis of vague and ill-

founded reasons.

5. Accordingly, this petition is allowed. The respondents

are directed to release convict-petitioner Satya Narayan Jitu S/o

Jagdish to avail 20 days first parole as per provisions of the Rules

of 1958 provided he furnishes two sureties in a sum of

Rs.25,000/- each and a personal-bond of Rs.50,000/- to the

satisfaction of Superintendent, Central Jail, Ajmer and an

undertaking to the effect that he would spend the parole period

anywhere away from the Village Bargunda within the jurisdiction

of P.S. Mandal. The Superintendent, Central Jail concerned will

give a date for surrender of convict and shall also be at liberty to

impose other reasonable and adequate conditions to ensure his

return to the State custody after availing the parole.

(Dr. PUSHPENDRA SINGH BHATI),J

9-SPhophaliya/-

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