- (1.) THIS petition has been filed by the petitioner Govinda for being released on second regular parole for 30 days which has been refused by the District Advisory Committee vide minutes of the meeting held on 17.1.2012 holding that this is the application for first regular parole. Notice of the petition was given to the respondents who have filed their reply.
(2.) HEARD learned counsel for the parties and perused the record. It is erroneous that this is the first application for being released on parole whereas in fact the petitioner has earlier been granted benefit of first regular parole of 20 days and has surrendered before the jail authorities. From the reply , we find that as per nominal roll the conduct of the petitioner is satisfactory. The Social Welfare Officer has also recommended the case of the petitioner for being released on parole. However, the Superintendent of Police has submitted a negative report relating to release of the petitioner on parole as the petitioner is reported to have threatened the victim's family while on parole. We have considered the aforesaid reply. So far as the report of the S.P. is concerned , there is no document to support the fact that the petitioner had earlier while on parole threatened the victim's family. It has also been brought to our notice that co-accused son of the petitioner has been released on second regular parole vide order dated 19.4.2012 in D.B. Civil Writ Petition (Parole) No.4002/2012, Sita Ram v/s State & Ors. The case of the petitioner is at par with that of Sita Ram son of the petitioner. The conduct of the petitioner has been certified as satisfactory and he availed the first regular parole and surrendered in time without misusing his liberty.
(3.) IT has also been brought to our notice that Sita Ram is at present on parole which is due to expire on 25.5.2012. In facts and circumstances, we would allow this petition and direct that the petitioner Govinda S/o Shri Bakhtawara be released on second regular parole for 30 days which shall commence after the co-accused Sita Ram son of the petitioner surrenders before the jail authorities and also after it is ascertained that the co-accused has not misused the liberty granted to him while on parole. The petitioner shall be released upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only), along with two sureties of Rs.25,000/- (Rupees twenty five thousand Only) each to the satisfaction of the Superintendent, Central Jail, Ajmer, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Ajmer shall also fix a date for his surrender before the jail authorities. This order is subject to the conditions which have been imposed hareinabove. ;