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D.B. Criminal (Parole) Writ Petition No.3737/2008
Ram Pyari. vs. State of Rajasthan.
D.B. Criminal (Parole) Writ Petition No.3737/2008
Ram Pyari. vs. State of Rajasthan.
Date : 1.8.2008
HON'BLE MR. PRAKASH TATIA, J.
HON’BLE MR. C.M. TOTLA, J.
Mr. KR Bhati, for the petitioner.
Mr.VR Mehta, PP.
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Heard learned counsel for the petitioner and
learned Public Prosecutor and perused the reply filed
by State.
The petitioner’s son Mahendra Singh has been
convicted for offence under Section 396 I.P.C. and he
has undergone sentence of 5 years 11 months 8 days as
on 18.7.2008. The convict sought release on first
parole which was denied by the decision taken by the
parole committee in its meeting dated 22.1.2008. The
convict’s parole has been denied only on the ground
that he has been convicted under Section 396 IPC and as
per Rule 14(d) of the Rajasthan Prisoners Release on
Parole Rules, he cannot be released on parole.
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D.B. Criminal (Parole) Writ Petition No.3737/2008
Ram Pyari. vs. State of Rajasthan.
After going through the impugned decision, we are
of the opinion that the reason given by the parole
committee cannot be accepted as Rule 14(d) is not total
bar and the parole is granted for giving opportunity to
the convict to re-settle in the society. The conduct of
the convict during sentence period has not been
objected in the present case. In the totality of the
facts and circumstances, we hope that the petitioner
will improve himself and try to settle in the society.
Consequently, this parole petition is allowed and
convict Mahendra Singh be released on parole for 20
days on his submitting personal bond of Rs.30,000/- and
two sureties of Rs.15,000/- each and on other just and
appropriate conditions determined by the
Superintendent, Central Jail, Bikaner to his own
satisfaction. The Superintendent, Central Jail, Bikaner
will also give a date for surrender.
(C.M. TOTLA), J. (PRAKASH TATIA), J.
S.Phophaliya