IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.CIV.WRIT(PAROLE)PETITION NO.8907/2009. Tikam. VERSUS State of Rajasthan and Others. 06.10.2009. HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE K.S.CHAUDHARI Mr.Vinay Pal Yadav, for the petitioner. Mrs.Rekha Madnani, Dy.Govt.Counsel for State. *****
Heard learned counsel for the parties and perused the record of the case.
This petition has been filed by the prisoner for second regular parole under the Rules.
The application submitted by the petitioner was rejected by the advisory committee vide Annexure-1 vide order dated 31.03.2009 wherein the case of the petitioner was dealt at S.No.5. The rejection order has been passed primarily on account of adverse police report. All that has been stated in the police report which has been filed along with the reply and the additional affidavit is that there may be threat to the life of the prisoner-petitioner. Though, it has also been mentioned that the victim’s family is not residing at Pushkar but is residing at Jaipur.
It is also not in dispute that the petitioner was allowed first regular parole under the Rule 9 vide order dated 27.09.2007 for a period of 20 days by the orders of this court. It is also not disputed that during the aforesaid period, the conduct of the petitioner has been found satisfactory and nothing adverse was reported against the petitioner and he surrendered within the time specified.
In the facts and circumstances, keeping in view the object behind the grant of parole to the prisoners, we consider it a fit case to grant the benefit of second regular parole to the petitioner for 30 days.
Consequently, we allow this petition and direct the Superintendent, Central Jail, Ajmer to immediately release the petitioner viz., Tikam son of Shri Tulsi Ram Sharma (presently confined in Central Jail, Ajmer) on second regular parole for a period of 30 days, which shall commence from the date of his release, upon furnishing his surety 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, Ajmer on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Ajmer shall also fix a date for his surrender before the jail authorities.
The writ petition stands allowed with the aforesaid directions.
(K.S.CHAUDHARI),J. (DALIP SINGH),J. Solanki DS, Jr.P.A.