Advocates:
['KALURAM BHATI', '', 'PUSHPENDRA SINGH', 'ASHOK KUMAR', 'PP']

D.B. CIVIL PAROLE WRIT PETITION NO.8945/2015

Smt. Saroj Vs. State of Rajasthan & Ors.

DATE OF ORDER : : : 03.9.2015

HON'BLE MR. GOVIND MATHUR, J.

HON'BLE MISS JAISHREE THAKUR, J.

Mr.Kaluram Bhati, for the petitioner.

Mr.Vishnu Kachwaha, G.A.

The District Parole Advisory Committee, Hanumangarh in

its meeting dated 27.4.2015 considered case of the convict

prisoner Shankar Lal S/o Pat Ram for grant of regular parole as

per the provisions of the Rajasthan Prisoners Release on Parole

Rules, 1958 and denied the same on the ground that he

absconded from the police custody. As per the reply filed to the

writ petition, the convict prisoner is undergoing life term

imprisonment being convicted for an offence punishable under

Section 302 Indian Penal Code inter alia. He has already served

a sentence for a period of nine years nine months and 25 days

as on 23.8.2015 including the jail remission. He is also facing

trial for commission of offence punishable under Section 232 and

234 IPC being absconded from jail custody. Learned Govt.

Advocate submits that looking to this fact the convict prisoiner is

not entitled to have parole. It is stated by learned counsel for

the applicant that after absconding in the year 2008, this Court

granted interim bail to the convict prisioner for a period of 40

days on 11.11.2009. He reported to the state custody after

completing the period of interim release.

-2-

Having considered all facts of the case including the fact

that the applicant returned to the state custody after availing

temporary suspension of sentence, we deem it appropriate to

grant first regular parole to the convict prisoner Shankar Lal as

per the provisions of Rajasthan Prisoners Regular Parole Rules,

1958.

Accordingly, this petition for writ is allowed. The

respondents are directed to release the convict prisoner Shankar

Lal husband of the petitioner Saroj to avail 20 days regular

parole as per the provisions of Rules of 1958 provided he

furnishes two sureties of Rs. 50,000/- and a personal bond of Rs.

1 lac to the satisfaction of the Superintendent of Central Jail,

Bikaner.

The Superintendent Central Jail, Bikaner while releasing

the convict prisoner on parole shall be at liberty to impose other

adequate and reasonable conditions to ensure his return to the

State custody after availing the parole.

The Registry of this Court is directed to send a certified

copy of this order to the Superintendent, Central Jail, Bikaner

with a specific direction to convey decision of this Court to the

convict prisoner within a period of three days from the date of

receipt of the order.

(JAISHREE THAKUR), J.

(GOVIND MATHUR),

J.

32

D.B. CIVIL PAROLE WRIT PETITION NO.8945/2015

Smt. Saroj Vs. State of Rajasthan & Ors.

DATE OF ORDER : : : 03.9.2015

HON'BLE MR. GOVIND MATHUR, J.

HON'BLE MISS JAISHREE THAKUR, J.

Mr.Kaluram Bhati, for the petitioner.

Mr.Vishnu Kachwaha, G.A.

The District Parole Advisory Committee, Hanumangarh in

its meeting dated 27.4.2015 considered case of the convict

prisoner Shankar Lal S/o Pat Ram for grant of regular parole as

per the provisions of the Rajasthan Prisoners Release on Parole

Rules, 1958 and denied the same on the ground that he

absconded from the police custody. As per the reply filed to the

writ petition, the convict prisoner is undergoing life term

imprisonment being convicted for an offence punishable under

Section 302 Indian Penal Code inter alia. He has already served

a sentence for a period of nine years nine months and 25 days

as on 23.8.2015 including the jail remission. He is also facing

trial for commission of offence punishable under Section 232 and

234 IPC being absconded from jail custody. Learned Govt.

Advocate submits that looking to this fact the convict prisoiner is

not entitled to have parole. It is stated by lea