High CourtsDivision Bench(2020) 02 RAJ CK 0030

Dwarka Prasad vs State, Through Pp

Rajasthan High Court · Decided on 3 February 2020

HON’BLE JUDGES
Indrajit Mahanty, CJ · Dr. Pushpendra Singh Bhati, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 445 Of 201

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Judgment

5 paragraphs · 262 words
1.

By this petition, the petitioner is claiming 20 days' parole as per the provisions of Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958. The petitioner has already served sentence for a term of 05 years, 03 months and 23 days as on 21.11.2019.

2.

The District Parole Advisory Committee, Nagaur on 14.06.2019 considered and rejected claim of petitioner as nobody in the village is ready to stand surety for the petitioner and one Prahlad Ram reported that the mental condition of convictprisoner is not stable.

3.

On 06.1.2020, this Court directed learned Additional Advocate General to keep the petitioner's medical report on record.

4.

A perusal of report of medical expert indicates that the mental condition of prisoner is stable, thus, once the convict is otherwise eligible and has completed 1/4th of the sentence awarded, then there is no reason as to why the parole should not be accepted.

5.

Accordingly, this parole petition is allowed. The petitioner Dwarka Prasad S/o Teekam Khateek may be released on parole in accordance with Rules of 1958. While releasing the petitioner on parole, the Superintendent, Central Jail, Ajmer shall impose adequate conditions as per Rules, 1958 to secure return of the petitioner. His term of parole shall be computed from the date of his actual release. The convict-prisoner shall report to the local SHO where he shall be staying on every third day between 11:00 am to 12 noon. It is further directed that the Probation Officer shall visit the place of residence of convict-prisoner to ensure compliance of all conditions.