HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 936/2021
Deelip S/o Shri Bhagwan Singh, R/o Dharsoni Ps Halena Dist.
Bharatpur Raj. (At Present Confined In Central Jail Sewar
Bharatpur Raj.) Through His Uncle Balveer Singh S/o Late Shri
Ramlal Aged About 56 Years R/o Nagla Dharsoni Ps Halena Dist.
Bharatpur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Of Prisons
Directorate Prisons Ghatgate Jaipur
2. Dist. Parole Advisory Committee, Through The Dist.
Magistrate Bharatpur Raj.
3. Superintendent, Central Jail Sewar Bharatpur Raj.
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Ms. Rekha Madnani, AGA HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS Judgment 18/08/2021 The petitioner is undergoing Life Imprisonment at the Central Jail, Sewar, Bharatpur. The application for fist parole filed on behalf of the petitioner has been rejected by the District Parole Advisory Committee, Bharatpur vide recommendations dated 26.04.2021, which are assailed in this writ petition.
We have heard and considered the submissions advanced at bar and have gone through the impugned judgment and the material placed on record.
The Social Welfare Department has recommended for grant of first parole to the convict petitioner. However, he has been denied parole on the basis of the adverse report of the (Downloaded on 19/08/2021 at 10:10:46 PM) (2 of 2) [CRLW-936/2021] Superintendent of Police, Bharatpur wherein, it has been mentioned that the accused has been convicted for the heinous offence of murder. The victim and the accused party are the residents of the same village and if the convict is released on parole, a possibility of an untoward incident taking place and of breach of peace cannot be ruled out.
We are of the firm view that the duty to maintain peace in the society is that of the police authority in case, a convict who has been released on parole, is found indulged in any activity which is prejudicial to the peace in the society, then his parole period can be curtailed and he can be denied parole in future. In any event, we are of the view that there is no valid reason to deny parole to the convict petitioner.
Accordingly, the writ petition is allowed. It is hereby directed that the petitioner Deelip S/o Shri Bhagwan Singh shall be released on first parole of twenty days upon his furnishing a personal bond in the sum of Rs.1,00,000/- and two sound and solvent and duly verified sureties of Rs.50,000/- each to the satisfaction of the Superintendent Central Jail, Sewar Bharatpur on usual terms and conditions. The Superintendent, Central Jail, Sewar Bharatpur shall be at liberty to impose such other adequate and reasonable conditions to ensure return of the convict to the custody after availing the first parole. The term of parole shall be computed from the date of his actual release.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
28/-Devesh/Arun
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