Abdul Sattar vs State Of Raj on 24 May, 2010

D.B. CRIMINAL PAROLE WRIT PETITION NO.3764/2010
      Abdul Sattar Vs. State of Rajasthan & Ors.


              Date of Order               ::    24.5.2010

             HON'BLE MR. JUSTICE PRAKASH TATIA
          HON'BLE MR. JUSTICE SAJJAN SINGH KOTHARI


Mr. Kaluram Bhati, for the petitioner.
Mr. A.R. Nikub, Public Prosecutor


      Heard learned counsel for the petitioner and the learned Public

Prosecutor.



      The petitioner has been convicted for offence under Sections

302,  of I.P.C. and Section 4/ of Arms Act with sentence for life

imprisonment and a fine of Rs.7000/-in default of payment of fine to

further undergo two years' simple imprisonment. As per the reply

submitted by Jail Department, the        petitioner has already served out

sentence of 08 years, 01 month and 26 days as on 31.3.2010.



      The petitioner's parole application was rejected by order dated

19.2.2010 (Annex.R1/1).        In the rejection order, it has been

mentioned that co-accused Sultan who is also suffering the same

sentence is giving threatening letters to the complainant-party and

the Jail Superintendent, Udaipur has also found the conduct of the

petitioner/ applicant to be not satisfactory. It is apprehended that in

case the petitioner will be released on parole, there will problem of

unrest.



      The learned counsel for the petitioner has shown two orders -
      one dated 11.9.2008 and another dated 3.6.2009, by which the co-

     accused Sonu and Sultan respectively were released on parole by the

     Authorities themselves in view of order passed by High Court. As per

     the counsel for the petitioner, these two co-accused Sonu and Sultan

     were granted first parole. The petitioner is also seeking first parole. It

     is not the case of the State that after release of these two co-accused,

     namely, Sonu and Sultan some untoward incident had happened,

     otherwise also, merely by giving of threatening by Sultan the

     petitioner's prayer for parole cannot be rejected.        So far as the

     conduct of convict in jail as pointed out by the Jail Superintendent,

     Udaipur being not satisfactory is concerned, that ground is not

     satisfactory for refusing parole to the petitioner, as the aim and object

     of releasing a convict on parole is to see that the convict after being

     released could adjusts himself with the society, therefore, the

     petitioner's parole application is allowed.   The rejection order dated

     19.2.2010 is quashed and set aside.



           Considering all the facts and    circumstances of the case, it is

     directed that the applicant-Abdul Sattar S/o. Babu Khan shall be

     released on parole of 20 days on just and appropriate conditions

     determined by the Superintendent, Central Jail, Udaipur his own

     satisfaction.   The Superintendent, Central Jail, Udaipur will also give

     a date for surrender. A copy of this order may be sent to the convict.



     (SAJJAN SINGH KOTHARI), J.                     (PRAKASH TATIA), J.

Sanjay/