HAZI KHAN Vs. STATE OF RAJ
LAWS(RAJ)-2012-7-94
HIGH COURT OF RAJASTHAN
Decided on July 13,2012

HAZI KHAN Appellant
VERSUS
STATE OF RAJ Respondents

JUDGEMENT

- (1.) A letter addressed to this Court by Mrs Ida wife of the convict-prisoner Hazi Khan s/o Aamdeen, who was convicted for offence under secs.376, 366 IPC by learned Sessions Judge, Jaisalmer and who is presently serving sentence of imprisonments at Central Jail, Jodhpur; was treated as petition for writ seeking 20 days' first regular parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (herein after 'the Rules of 1958').
(2.) AS per reply to the petition filed on behalf of respondents, the District Level Parole Advisory Committee, Banswara in its meeting dated 25th January 2012 considered and rejected the claim of the convict-prisoner for availing regular parole for 20 days, by relying upon adverse report submitted by the Superintendent of Police, Jaisalmer that in the event of release of the prisoner on parole, peace & tranquility shall be disturbed adversely and there is danger to prisoner Hazi Khan himself. Heard learned amicus curiae for the petitioner as well as learned Public Prosecutor. It is well settled that the object for grant of parole is to make necessary efforts to rehabilitate a convict-prisoner in the main stream of society. While considering the case of parole of the present petitioner, the apprehension as stated by the District Parole Advisory Committee cannot be said to be justified; nor has any valid foundation. Therefore, it cannot be accepted as a reasonable ground for denying the prayer for parole. It is for the agency maintaining law and order to ensure that the person availing parole may not create any kind of harm to anyone and also no one does any harm to the petitioner during this period. Having considered all the facts of the case, this letter petition for parole is allowed. The convict-prisoner � Hazi Khan s/o Aamdeen Khan aforesaid be released on regular parole for a period of 20 days, provided he furnishes personal bond in the sum of Rs.20,000/- (Rupees Twenty thousand) along with one surety in the like amount, to the satisfaction of Superintendent, Central Jail, Jodhpur, who shall impose adequate conditions as per Rules of 1958 to secure surrender of the convict-prisoner immediately after completion of the period of parole. It is made clear that the parole term shall be counted from the date of actual release of the convict-prisoner.;


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