- (1.) WE have heard learned counsel for the petitioner as well as the learned Deputy Govt. Counsel and perused the record.
(2.) IN response to our order dated 20.10.2009 asking the Counsel for the State to produce the copy of the report, reference of which has been made in the letter dated 15.04.2009 sent by the Superintendent of Police, Jhalawar, the learned counsel has produced a copy of the Roznamcha report dated 13.10.2008, wherein it is stated that family members of the victim had made a complaint against co-accused Shafi Khan while he had been released on parole. It is not clear whether any report against Shafi Khan was sent by the Superintendent of Police to the jail authorities after he returned from parole regarding the aforesaid conduct. It has been submitted that after 13.10.2008 when the alleged incident is said to have taken place regarding which Roznamcha report has been recorded on 13.10.2008, the conduct of Shafi Khan, co-accused was examined and he has been ordered to be transferred to open Air Jail vide letter of the authorities in September, 2009. It may also be taken note of here that after the said incident of 13.10.2008, the respondents have themselves released the petitioner Aameen Khan along with other accused Razak on emergent parole in April, 2009 and nothing untoward was reported against them during the aforesaid period while they were on emergent parole. In the facts and circumstances of the present case, therefore, looking to the totality of the circumstances, we direct that the petitioner Aameen Khan S/o Umrao Khan shall be released on first regular parole for a period of 20 days on the usual terms and conditions. Consequently, we allow this petition directing the Superintendent, Central Jail, Kota to release petitioner Aameen Khan S/o Umrao Khan, R/o Village&Post Banskheda, Tehsil Manohar Thana, Police Station Jawar, District Jhalawar (presently confined in Central Jail, Kota) on first regular parole for a period of 20 days, which shall commence from the date of his release, upon furnishing his surety for a sum of Rs. 50,000 (Rs. Fifty thousand only) along with two sureties of Rs. 25,000/- (Rs. Twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Kota on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Kota shall also fix a date for his surrender before the jail authorities.
(3.) THE writ petition stands allowed with the aforesaid directions.;