High CourtsDivision Bench(2020) 04 RAJ CK 0018

Lalit @ Lalchand @ Lala vs State, Through Secretary Of Home Department Jaipur (Raj.). And Ors

Rajasthan High Court · Decided on 22 April 2020

HON’BLE JUDGES
Sandeep Mehta, J · Kumari Prabha Sharma, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 107 Of 2020

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Judgment

16 paragraphs · 319 words

The instant parole writ petition has been preferred by the convict petitioner Lalit @ Lalchand @ Lala being aggrieved of the adverse

recommendations dated 12.2.2020 drawn by the District Magistrate, Udaipur whereby, the application filed by the convict for release on first parole

was dismissed.

We have heard learned counsel Shri Kalu Ram Bhati Advocate representing the petitioner through Video Conference and Shri Farzand Ali, G.A. cum

A.A.G. present in the Court and have gone through the impugned recommendations. A perusal thereof reveals that the Social Welfare Department

recommended parole for the convict observing that the victim party did not raise any objection against such a course of action and that the parties had

settled their differences. Despite that, the parole application was dismissed simply on the ground that the report of the District Superintendent of

Police, Udaipur was not available. We are of the firm view that considered in the background of the above referred facts, denial of parole to the

petitioner is absolutely unjustified.

Thus, the instant parole writ petition deserves to be and is hereby allowed. The impugned recommendation dated 12.2.2020 is quashed qua the convict

prisoner Lalit @ Lalchand @ Lala. It is ordered that the convict petitioner Lalit @ Lalchand @ Lala S/o Jeewan Lal shall be released on first parole

of twenty days upon furnishing a personal bond in the sum of Rs.50,000/- and one sound and solvent surety of Rs.25,000/- to the satisfaction of the

Superintendent, Central Jail, Udaipur on the usual terms and conditions. The Superintendent, Central Jail, Udaipur shall be at liberty to impose other

adequate and reasonable conditions to ensure return of the convict to the State custody after availing the parole. The term of parole shall be computed

from the date of his actual release. The jail authorities and the district administration shall provide appropriate means of transport to the petitioner so

that he can reach his home.