SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petitioner, who is languishing in Central Jail, Udaipur, has preferred the present parole seeking release on second parole for 15 days.

(2.) Mr. Ramdev Rajpurohit (Amicus Curiae), learned counsel for the petitioner submits that jail conduct of the petitioner is satisfactory. He further submits that in peculiar facts of the case, the Superintendent of Police, Udaipur and Social Justice and Welfare Department have not recommended the parole due to conviction involving rape of the daughter, thus putting the whole family to some kind of apprehension. The other ground given was that earlier in 2018 the petitioner was granted 20 days parole but he absconded. However, he was rearrested on 18/5/2018 and taken back in custody and thereafter the petitioner was again granted parole and the parole conditions were relaxed by this Court in D.B. Criminal Writ Petition No.169/2021 decided on 22/7/2022 which reads as follows: - "The convict-petitioner Shankar Lal S/o Jagannath Jatiya was granted parole of seven days by this court vide order dtd. 10/6/2020 passed in D.B. Criminal Writ Petition No.191/2020. However, citing the poor financial condition of the family, he has filed the instant writ petition with a prayer that the condition imposed by this court of furnishing two sureties of Rs.40,000.00 each for his release on parole may be waived and he may be ordered to be released on parole upon furnishing a personal bond only. In terms of the order dtd. 13/7/2021, the police officer of the Police Station Nimbaheda conducted an enquiry and recorded the statement of Jagannath, father of the present petitioner, who expressed that he is not ready to give any undertaking for conduct of the petitioner, if he is released on parole. In view of the peculiar facts noted above, we are not inclined to waive the condition of furnishing two surety bonds imposed upon the petitioner vide order dtd. 10/6/2020 in toto. Instead, the said condition is relaxed and it is directed that the petitioner Shankar Lal S/o Jagannath Jatiya shall be released on parole of seven days, if he furnishes a personal bond in the sum of Rs.80,000.00 and one surety in the sum of Rs.40,000.00 to the satisfaction of 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 custody after availing the parole. The term of parole shall be computed from the date of his actual release. The writ petition is disposed of accordingly. This order shall be conveyed to the petitioner forthwith."

(3.) Learned counsel for the petitioner submits that he has abided by such conditions and successfully completed his parole. He further submits that the petitioner is already undergone a sentence of 13 years, 3 months and 29 days.