HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 1334/2021
Shanu S/o Shri Sadiq, R/o G-15, Bomby Yojna Rangbadi Kota
City, Police Station Mahaveer Nagar, District Kota (Raj.) Present
Address- House No. 129, Adhar Sila, Kacchi Basti, Vakaf
Dadabadi, Police Station Dadabadi, District Kota (Raj.) (At
Present Confined In Central Jail, Kota (Raj.) Through His Wife
Rimsha W/o Shri Shanu, R/o House No. 129, Adhar Sila, Kacchi
Basti, Vakaf Dadabadi, Police Station Dadabadi, District Kota
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Of
Prisons, Directorate Prisons, Ghatgate, Jaipur.
2. District Parole Advisory Committee, Through The District
Magistrate, Kota (Raj.)
3. Superintentdent, Central Jail, Kota (Raj.)
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Ms. Alka Bhatnagar, AGA HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS Judgment 16/08/2021 The instant writ petition has been preferred on behalf of the petitioner-convict Shanu S/o Shri Sadiq for assailing the recommendations dated 29.06.2021 whereby, the application for first parole of 20 days preferred on behalf of the petitioner was dismissed.
We have heard and considered the submissions advanced by learned counsel Shri Rawal and learned AGA and have gone (Downloaded on 17/08/2021 at 10:16:42 PM) (2 of 2) [CRLW-1334/2021] through the impugned recommendations and reply of the respondents. We find that the bald reasons mentioned in the adverse recommendations for denying first parole to the petitioner are totally mechanical. The reason that if the convict petitioner is released on parole, there is a possibility of breach of peace, cannot be considered to be a valid ground for denying parole to the petitioner convict. Needless to say that maintaining law and order and peace in the society is the duty of the administration. If the convict petitioner is released on parole and is found indulging in any prejudicial activity, his parole period can be curtailed and he can be denied parole in future. In any event, in first instance upholding such a ground for denying parole to a convict would virtually frustrate the reformative theory of punishment.
In this background, we are inclined to accept the instant parole writ petition which is hereby allowed. It is ordered that the convict Shanu S/o Shri Sadiq shall be released on first parole of twenty days upon his furnishing a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of Superintendent Central Jail, Kota on usual terms and conditions. The Superintendent, Central Jail, Kota shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
47/-Devesh/-
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