SHREYA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter has been received from Smt. Shreya Devi, the mother of Khet Nath, a convicted prisoner serving his sentence at Central Jail, Jodhpur. The said letter has been treated as a letter petition by this Court. Vide order dated 9.2.2012, this Court had appointed Mr. Manish Tak, as amicus curiae to argue this case on behalf of the petitioner.

(2.) Mr. Manish Tak, has contended that Khet Nath was convicted for offences under Sections 376 and 447 Penal Code and was sentenced to seven years of R.I. for offence under Sec. 376 IPC. An on 3.3.2012, out of sentence of seven years, he has already completed four years and sixteen months. During this period, he was granted a first parole from 19.10.2010 to 7.11.2010 for twenty days. He was also granted an interim bail for twelve days from 6.1.2011 to 17.1.2011. On both these occasions, he had religiously adhered to the conditions of parole and bail. On completion of his parole and bail period, he had peacefully returned to the Central Jail. Since, he was eligible for second parole of thirty days, he had applied for the same. Vide order dated 19.1.2012, he was granted a parole of thirty days provided he furnished two sureties of Rs.25,000.00 each and a personal bond of Rs.50,000.00. However, according to his mother her three sons are convicted prisoners.

(3.) Thus, there is no one in the family who can give sureties for Khet Nath. Moreover, the family is extremely poor. Therefore, they cannot produce any sureties for the large sum of Rs.25,000.00. Hence, the petitioner has prayed that the personal bond of Khet Nath should be taken and he should be granted benefit of second parole.