SUNITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A letter addressed to this Court by petitioner Ms. Sunita for grant of 40 days third regular parole to her father convict prisoner is treated as a petition for writ. Shri Mahaveer is undergoing life term imprisonment at Open Air Camp, Jaitsar, District Sri Ganganagar, being convicted for the offence punishable under Secs. 148, 323/149, 325/149, 302/149 I.P.C. and Section 3/25(1 -B) and 27 of Arms Act. He has already served sentence for a period of 10 years, 08 months and 29 days as on 31.08.2013 excluding Jail and State remission.

(2.) THE District Level Parole Advisory Committee, Bikaner in its meeting dt. 04.07.2013 denied third regular parole to the convict -prisoner in view of the adverse remarks made by the Superintendent of Police and also by the District Magistrate, Hissar (Haryana). The adverse remarks made by the Officers concern are not supported by cogent reasons. Suffice to mention that earlier the Officers named above were in agreement for grant of parole as that appears under the order Annex. A/1 dt. 31.12.2012.

(3.) HAVING considered all facts of the case, we are of the view that the denial of third regular parole as per as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as the 'Rules of 1958') is unwarranted. Accordingly, this petition for writ is allowed. The respondents are directed to award 40 days third regular parole to the convict -prisoner Mahaveer S/o. Lalchand, who is presently lodged at Open Air Camp, Jaitsar, District Sri Ganganagar provided he furnishes two sureties of Rs. 50,000/ - each and a personal -bond of the same amount to the satisfaction of Superintendent, Central Jail, Sri Ganganagar.