CW/16786/2011 of GHISA ALIAS GHISA LAL Vs STATE HOME DEPARTMENTORS on 23 December 2011

O R D E R

D.B. CIVIL WRIT PETITION (PAROLE) NO.16786/2011.Ghisa @ Ghisalal Vs.

State of Rajasthan & Ors.

Date of Order :- December 23, 2011.

HON'BLE MR.JUSTICE MOHAMMAD RAFIQHON'BLE MR.JUSTICE S.S. KOTHARI

Shri O.P. Choudhary for the petitioner. Shri J.R. Bijarnia, Government Counsel.

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BY THE COURT:-

This writ petition has been filed byprisoner Ghisa @ Ghisalal for his release on firstemergent regular parole for a period of twentydays. Application of the prisoner for release onemergent parole was rejected by the AdvisoryCommittee on the input that was received from theSuperintendent of Police, Ajmer and the Convener &Jail Welfare Officer, Social Justice andEmpowerment Department, Ajmer, which opined thatsince the complainants are residing in the samevillage, if prisoner is released on parole, theremay be apprehension of danger to his life. Samereason was assigned while rejecting the paroleapplication of his brother Suraj for his release onemergent parole.

It is contended that this Court vide orderdated 14/10/2011 passed in D.B. Civil Writ Petition (Parole) No.12087/2011 (Hemraj Vs. State & Ors.)allowed his application and Hemraj has aftersatisfactorily completing twenty days of his firstparole, has surrendered before the jailauthorities. Father of the present petitioner,Hangama was also extended the benefit of secondparole by the advisory committee in the samemeeting in which, application of the presentprisoner was rejected. All of them are convict ofthe same trial convicted by a common judgment.

Learned Government Counsel appearing forthe State has opposed the parole petition but couldnot point out any adversity against prisoner whilein jail and could not controvert the factsaforestated.

Having regard to the fact that co-accusedHemraj has also been released on parole vide orderdated 14/10/2011 in D.B. Civil Writ Petition(Parole) No.12087/2011 (Hemraj Vs. State & Ors.)and all other aforesaid facts and circumstances ofthe present case, we are inclined to releaseprisoner-Ghisa @ Ghisalal on first parole for aperiod of twenty days under Rule 9 of the RajasthanPrisoners Release on Parole Rules, 1958 on certainterms and conditions to be specified by the jailauthorities.

In the result, the writ petition (parole)is allowed. Prisoner-Ghisa @ Ghisalal S/o ShriHangama, R/o Sarana, PS and Tehsil Sarwad, District anil Ajmer presently confined in Central Jail, Ajmershall be released on parole for a period of twentydays from the date of his release therefrom uponhis furnishing a personal bond in the sum ofRs.50,000/- together with two sureties in the sumof Rs.25,000/- each to the satisfaction of theSuperintendent Central Jail, Ajmer, who shall fixthe period of twenty days. Prisoner-Ghisa @Ghisalal is directed to surrender before the jailauthorities immediately after expiry of period ofparole of twenty days and in case, he fails tosurrender on the stipulated date of surrender, thejail authorities shall immediately inform the trialcourt, which shall take necessary steps for hisarrest. It is also stipulated that during theperiod of twenty days, Ghisa @ Ghisalal shallmaintain good conduct and behaviour and shallremain under the supervision of ProbationaryOfficer appointed by the jail authorities providedunder Rule 11 of the Rules of 1958.

With the above directions, the parolepetition stands disposed of. A copy of this orderbe sent to the concerned Magistrate andSuperintendent Central Jail, Ajmer for necessarycompliance.

(S.S. KOTHARI), J. (MOHAMMAD RAFIQ), J.