IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
O R D E R
D.B. Civil Writ Petition (Parole) No.10908 of 2009.
Ramesh son of Shri Laxman Lal Meena VERSUS State of Rajasthan Date of Order :::: 17/11/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice K.S. Chaudhari By Post. Mrs.Rekha Madnani, Deputy Government Counsel for State. Per Court :-
We have heard the learned Deputy Government Counsel for the State and also perused the record as well as the reply to the writ petition.
This letter petition was sent by post by the prisoner-petitioner Ramesh son of Shri Laxman Lal Meena, whose application for being released on first regular parole of 20-days was rejected by the Advisory Committee.
The sole reason for refusing the grant of parole to the petitioner was the adverse report of the Superintendent of Police, Baran.
The reply to the instant petition has been filed, after notices were issued to the State and today copy of the letter of the Superintendent of Police, Baran dated 19.06.2009, which was relied upon by the Advisory Committee has also been produced before this Court.
Apart from the routine observations of the Superintendent of Police, Baran for refusing the release of the petitioner, the Superintendent of Police has mentioned that the brother of the petitioner, who is wanted, is absconding and in the event of the petitioner being granted parole, there is a possibility that he may temper with the evidence, so far as the trial of the brother of the petitioner is concerned.
With a view to satisfy ourselves, we inquired from the learned Deputy Government Counsel for the State as to whether or not the petitioner was on bail during trial. Learned Deputy Government Counsel for the State after checking up the record submitted that the petitioner was on bail during trial for the period from 31.01.2005 to 06.10.2005.
There is no such allegation or material on record to suggest that during this period when the petitioner was on bail, he tempered with the evidence and misused the liberty granted to him.
Keeping in view the principles regarding release of the prisoners on parole, we deem it just and proper to accept this petition and direct the release of the petitioner on first regular parole for 20-days, as per rules on usual terms and conditions.
Consequently, we allow this writ petition, directing the Superintendent, District Jail, Tonk to immediately release the petitioner viz., Ramesh son of Shri Laxman Lal Meena (presently confined in District Jail, Tonk) on first regular parole for a period of 20-days, which shall commence from the date of his release, upon furnishing his surety in the 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, District Jail, Tonk, on usual terms and conditions, as determined by him. The Superintendent, District Jail, Tonk shall also fix a date for surrender of the petitioner before the jail authorities.
The writ petition stands allowed with the aforesaid directions.
(K.S. Chaudhari) J. (Dalip Singh) J. ashok/