1 D.B. PAROLE PETITION NO. 8353/2010 Sahnaz Bano Vs. State of Rajasthan Date of Order : 24.11.2010 HON'BLE MR.JUSTICE DINESH MAHESHWARI HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr.K.R.Bhati for the petitioner Mr.K.R.Bishnoi, P.P. ***** This parole petition has been registered on a letter received from Smt. Sahnaz Bano wife of Azhar Beg with the prayers for grant of permanent parole to her husband and for grant of 40 days' parole until consideration of the matter of permanent parole. From the material placed on record, it appears that the petitioner’s husband Azhar Beg was convicted for the offences under Sections 302 and 498A IPC and was sentenced, inter alia, for life imprisonment by the judgment and order dated 15.05.1993 as passed by the Special Judge, SC/ST Act Cases, Jodhpur in Sessions Cases No.110/1992. It further appears that as on 12.09.2010, the prisoner Azhar Beg had served the sentence of 22 years 3 months and 23 days including jail remissions. He had been granted the benefit of parole from time to time as under:- i. First parole from 26.07.1996 to 14.08.1996 - 20 days ii. Parole from 11.09.1998 to 10.10.1998 - 30 days (he was required to surrender on 10.10.1998 but surrendered after one day’s delay i.e., on 11.10.1998) iii. Parole from 08.05.2001 to 14.05.2001 7 days iv. Parole from 04.09.2002 to 18.09.2002 15 days 2 v. Emergent parole from 16.09.1993 to 30.09.1993 15 days vi. Emergent parole from 17.03.1994 to 31.03.1994 15 days vii. Emergent parole from 21.10.1994 to 30.10.1994 10 days viii. Emergent parole from 17.06.1995 to 01.07.1995 15 days ix. Parole from 16.02.1996 to 01.03.1996 15 days x. Parole from 20.03.2006 to 08.04.2006 20 days xi. Emergent parole from 22.02.2007 to 08.03.2007 15 days xii. Parole from 28.05.2007 to 26.06.2007 30 days The respondents submitted in their reply filed on 30.09.2010 that pursuant to the last parole granted on 28.05.2007, the prisoner was required to surrender on 26.06.2007 but he absconded and then, was arrested and lodged in jail on 04.07.2007. With reference to Clause (c) of Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958 (‘the Rules of 1958’) the respondents contended that the petitioner has rendered himself disentitled for release on parole for a period of 40 days and at the most, he could be considered for release for a period of 7 days on the recommendations of the Jail Superintendent in keeping with the provisions contained in Clauses (i) and(ii) of Rule 18 of the Rules of 1958; and that the matter of releasing the said prisoner on 7 days' parole was pending consideration. However, now the minutes of the meeting dated 19.10.2010 of the District Parole Committee have been placed on record whereby the Committee has proceeded to reject the case of the prisoner for release on parole for 7 days for the reason of his having not surrendered earlier in time and absconding case having been registered against him. 3 The learned counsel for the petitioner has referred to an order dated 04.08.2010 passed by this Court in Parole Petition No.5790/2010 and submitted that in the said case, a lapse of 2 days on the part of the prisoner was considered to be a bona fide mistake and the petition for grant of regular parole of 30 days was allowed. It is submitted that in the present case too, the prisoner cannot be said to have intentionally attempted at absconding and for the slight delay caused earlier, he deserves not to be deprived of regular and so also permanent parole. The learned Public Prosecutor has pointed out that because of such act of absconding, the prisoner Azhar Beg was convicted by the Court of Addl. Chief Judicial Magistrate No.3, Jodhpur in Criminal Case No.586/2007 for the offence under Section 224 IPC and was punished with simple imprisonment of 6 months that was adjusted in the period already undergone. The submission as made on behalf of the prisoner in this case for treating it to be a matter of bona fide mistake or default has its own shortcomings particularly when it is noticed that he was convicted for the offence under Section 224 IPC. In view of such conviction, the finding of escaping or attempting to escape from the custody stands against the petitioner; and standing such finding, it does not appear justified to consider his case at present for grant of 40 days' parole. However, we are unable to find any justification that even 7 days' parole has been declined to him in the minutes dated 19.10.2010. In a comprehensive view of the matter, we find that in this long period of serving the sentence, apart from the aforesaid lapse, that occurred about 3 years back, there is reported to be only one more but a minor lapse of his having surrendered a day late 4 after availing second parole in the year 1998. There has not been made any other adverse comment in regard to this prisoner. In their totality, we do no find any material reason or circumstance wherefor the prisoner could justifiably be declined 7 days' parole. In the aforesaid view of the matter, this petition is partly allowed to the extent that the petitioner’s husband Azhar Beg is directed to be released on parole for 7 days on his furnishing personal bond in the sum of Rs.50,000/- and two sureties in the sum of Rs.25,000/- to the satisfaction of the Superintendent, Central Jail, Jodhpur. A certified copy of this order be forwarded to the prisoner concerned. (KAILASH CHANDRA JOSHI ), J. (DINESH MAHESHWARI), J. mk