Full Judgment
1 D.B.CIVIL WRIT (PAROLE) PETITION NO.14600/2013 Bhagirath versus The State of Rajasthan & ORS.DATE OF ORDER
: 15.01.2014 HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE ATUL KUMAR JAIN BY POST.
Mr.KR Bishnoi, Addl.
Government Advocate..A letter addressed to this Court by convict prisoner Shri Bhagirath S/o.
Goru Ram, presently lodged at Central Jail, Bikaner to have 20 days regular fiRs.parole as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958') is treated as the petition for writ.
Briefly stated, facts of the case are that the learned Additional Sessions Judge, Rajgarh, District Churu by the judgment dated 29.8.2011 convicted Shri Bhagirath for offence punishable under Section 498-A Indian Penal Code and sentenced to undergo three yeaRs.rigorous imprisonment with fine.
By the same judgment, the convict prisoner was also convicted for offence punishable under Section 304-B I.P.C.He has already served sentence for a period of 05 yeaRs.10 months and 08 days as on 31.12.2013, including remission for a period of three months.
His case was considered by the District Level Parole Advisory Committee, Churu in its meeting dated 5.12.2013.
The Committee refused to grant parole looking to unsatisfactory jail conduct of the petitioner.
2 From perusal of minutes of the Committee concern it reveals that the Superintendent of Police & the District Probation Officer did not oppose for grant of parole but looking to the adveRs.remarks made by Superintendent, Central Jail, Bikaner parole was denied.
We have enquired from learned Addl.
Government Advocate about the events in jail on the basis of which adveRs.opinion was made by the Superintendent, Central Jail, Bikaner.
It is pointed out that in the month of February, 2013 petitioner failed to attend factory for a period of 04 days, thus, adveRs.remarks were made.
It is also informed that prior to February, 2013 convict prisoner regularly attended factory and nothing was adveRs.to him.
In view of factual background noticed above, we have considered case of petitioner Shri Bhagirath.
The Rajasthan Prisoners Release on Parole Rules, 1958 were enacted with the object to bring convict prisoners in main stream of society and further to rehabilitate them.
True it is, the discretion vests with the District Level Parole Advisory Committee for grant of regular parole, however, the discretion given is always required to be exercised objectively.
The Committee must make all efforts to achieve the aims and objectives for the enactment of parole provisions.
Jail conduct is a vital issue that is required to be taken into consideration, but some minor scratches in day to day working or lifestyle should not be treated as ill-conduct.
The petitioner remained absent for four days from factory in the month of February, 2013 and that is the solitary instance in his 3 last five years of imprisonment.
Such absence is also not repeated, thus, the appropriate couRs.before the Committee was to condone the same and to grant regular parole to the convict prisoner being a salutary effort for reformation of the criminal.
We are of the view that the instance brought into the knowledge of Court is not sufficient to deny statutory parole to the convict prisoner.
Accordingly, this petition for writ is allowed.
The respondents are directed to release petitioner Bhagirath S/o.
Goru Ram, presently lodged at Central Jail, Bikaner on 20 days fiRs.regular parole in accordance with the Rules of 1958 provided he furnishes two sureties in the sum of Rs.50,000/- each and a personal-bond of the same amount to the satisfaction of Superintendent, Central Jail, Bikaner.
The Superintendent, Central Jail, Bikaner shall be at liberty to impose other adequate and reasonable conditions while releasing the petitioner on parole to ensure his return to State custody.
[ATUL KUMAR JAIN]., J.
[GOVIND MATHUR]., J.
Sanjay