Mahaveer Vs. State of Raj - Court Judgment

SooperKanoon Citationsooperkanoon.com/1123394
CourtRajasthan Jodhpur High Court
Decided OnJan-27-2014
AppellantMahaveer
RespondentState of Raj
Excerpt:
db parole petition no.625/2014 1 90 d.b.parole petition no.625/2014 mahaveer versus state of rajasthan date of order : 27th january 2014 hon’ble mr.justice dinesh maheshwari hon’ble mr.justice banwari lal sharma mr.k.r.bhati, for the petitioner. mr.k.r.bishnoi, government counsel. this petition has been filed by the prisoner mahaveer s/o lal chand in somewhat peculiar circumstances. the petitioner is serving sentence for more than 11 years.and is at present at the open air camp, jaitsar. by an order dated 06.11.2013, as passed in parole petition no.10417/2013, he was ordered to be released on 40 days' regular parole upon furnishing personal bond in the sum of rs.50,000/- and 2 sureties in the sum of rs.50,000/- each. upon the petitioner carrying out compliance, he was released on 18.12.2013 with the requirement of surrendering by 5:00 p.m.on 26.01.2014. the petitioner has submitted in this petition that his father, who was also serving the sentence with him at the same open air camp at jaitsar, unfortunately expired on 20.01.2014. with reference to the above facts, the petitioner has submitted that though as per the earlier parole order, he is required to surrender on 26.01.2014 but for the purpose of carrying out the last rites upon demise of his father, he be granted emergent parole of 15 days. the learned counsel mr.k.r.bhati has appeared for the petitioner and submits that the petitioner has indeed surrendered before the superintendent, central jail, sriganganagar on 26.01.2014. the learned government advocate has procured verification from police station, hirani, district hanumangarh on the fact about the demise of the father of the petitioner and further that the social functions in the family shall continue upto 31.01.2014. the learned counsel mr.bhati submits that in view of the bereavement and social customs of the visits of various relatives for db parole petition no.625/2014 2 condolence, some extra time may be allowed to the petitioner. it is also submitted that only recently, i.e., for the purpose of release on 40 days' regular parole, the petitioner did submit 2 sureties in the sum of rs.50,000/- each and the solvency certificates produced in support of such sureties being very recent in time, may be allowed to be accepted for the purpose of further submission of sureties for the purpose of this release on emergent parole. the prayers appear reasonable and the learned government advocate has also rightly not opposed the same. in the totality of the circumstances, we consider it proper to grant the emergent parole to the petitioner from the date of release pursuant to this order until 03.02.2014 on the condition of his furnishing a personal bond in the sum of rs.50,000/- and one surety in the like amount, i.e., in the sum of rs.50,000/-. for the purpose of surety bond, if the same person stands as surety, who had earlier furnished the surety; and solvency certificate related with him is available on record, the same may be taken into consideration by the concerned jail superintendent, of whose satisfaction the bond and sureties are to be furnished. upon compliance, the petitioner shall be released with the requirement of his surrendering on or before 04.02.2014. with the stipulation and requirements aforesaid, the petition stands disposed of. (banwari lal sharma),j. (dinesh maheshwari),j. cpgoyal/-
Judgment:

DB Parole Petition No.625/2014 1 90 D.B.Parole Petition No.625/2014 Mahaveer versus State of Rajasthan DATE OF ORDER

: 27th January 2014 HON’BLE Mr.JUSTICE DINESH MAHESHWARI HON’BLE Mr.JUSTICE BANWARI LAL SHARMA Mr.K.R.Bhati, for the petitioner.

Mr.K.R.Bishnoi, Government Counsel.

<><><> This petition has been filed by the prisoner Mahaveer S/o Lal Chand in somewhat peculiar circumstances.

The petitioner is serving sentence for more than 11 yeaRs.and is at present at the Open Air Camp, Jaitsar.

By an order dated 06.11.2013, as passed in Parole Petition No.10417/2013, he was ordered to be released on 40 days' regular parole upon furnishing personal bond in the sum of Rs.50,000/- and 2 sureties in the sum of Rs.50,000/- each.

Upon the petitioner carrying out compliance, he was released on 18.12.2013 with the requirement of surrendering by 5:00 p.m.on 26.01.2014.

The petitioner has submitted in this petition that his father, who was also serving the sentence with him at the same Open Air Camp at Jaitsar, unfortunately expired on 20.01.2014.

With reference to the above facts, the petitioner has submitted that though as per the earlier parole order, he is required to surrender on 26.01.2014 but for the purpose of carrying out the last rites upon demise of his father, he be granted emergent parole of 15 days.

The learned counsel Mr.K.R.Bhati has appeared for the petitioner and submits that the petitioner has indeed surrendered before the Superintendent, Central Jail, Sriganganagar on 26.01.2014.

The learned Government Advocate has procured verification from Police Station, Hirani, District Hanumangarh on the fact about the demise of the father of the petitioner and further that the social functions in the family shall continue upto 31.01.2014.

The learned counsel Mr.Bhati submits that in view of the bereavement and social customs of the visits of various relatives for DB Parole Petition No.625/2014 2 condolence, some extra time may be allowed to the petitioner.

It is also submitted that only recently, i.e., for the purpose of release on 40 days' regular parole, the petitioner did submit 2 sureties in the sum of Rs.50,000/- each and the solvency certificates produced in support of such sureties being very recent in time, may be allowed to be accepted for the purpose of further submission of sureties for the purpose of this release on emergent parole.

The prayers appear reasonable and the learned Government Advocate has also rightly not opposed the same.

In the totality of the circumstances, we consider it proper to grant the emergent parole to the petitioner from the date of release pursuant to this order until 03.02.2014 on the condition of his furnishing a personal bond in the sum of Rs.50,000/- and one surety in the like amount, i.e., in the sum of Rs.50,000/-.

For the purpose of surety bond, if the same person stands as surety, who had earlier furnished the surety; and solvency certificate related with him is available on record, the same may be taken into consideration by the concerned Jail Superintendent, of whose satisfaction the bond and sureties are to be furnished.

Upon compliance, the petitioner shall be released with the requirement of his surrendering on or before 04.02.2014.

With the stipulation and requirements aforesaid, the petition stands disposed of.

(BANWARI LAL SHARMA),J.

(DINESH MAHESHWARI),J.

cpgoyal/-