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Judgment
Heard learned counsel for the parties. Perused the material available on record.
The instant parole petition has been forwarded from Jail by the convict-petitioner Raju S/o Shri Mangabhai, resident of Khan P.S. Dhundhuka Ahmedabad.
During the course of the proceedings, we found that the convict needs legal assistance whereupon, we directed on 04.02.2019 that he shall be provided assistance of a Legal Aid Counsel. In furtherance thereof, Shri Sangram Singh, Advocate was appointed as Legal Aid Counsel to assist the convict-petitioner in this matter.
The convict's first parole application has been rejected on 02.11.2018 by the District Level Parole Advisory Committee, Jodhpur, assigning a reason that as per the communication dated 17.07.2018 received from the Superintendent of Police Bhuj, Gujarat (from where the convict-petitioner hails), the convict-prisoner Raju does not have any permanent place of residence and thus, there is every likelihood of his abscondance.
Shri Sangram Singh, learned Amicus Curiae has filed a counter affidavit of the prisoner affirming therein that the convict had been residing in the village Lakadiya, Tehsil Bhachau, District Kuchh for quite some time and at present his mother and children are residing near Civil Hospital, Village Lakadia and are undertaking small businesses. The school certificate of convict's daughter and her Aadhar Card have been annexed with his affidavit. Shri Sangram Singh also assures that the convict shall be in a position to furnish a local surety if he is granted first parole.
In view of the above situation, while allowing the present parole petition and while setting aside the impugned recommendations dated 02.11.2018 qua the convict-petitioner, we direct that the convict-petitioner Raju S/o Shri Mangabhai be released on first parole of 20 days upon furnishing a personal bond in sum of Rs.60,000/- with two sureties of Rs.30,000/- each (of which one surety shall be that of a local person) to the satisfaction of the Superintendent, Central Jail, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the petitioner to the custody after availing the parole. His term of parole shall be computed from the date of his actual release.