HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 1285/2021
Shankar Singh S/o Shree Ghashi Ram, R/o Village Markhera P.s.
Mangliyawas Dist. Ajmer (Raj.) (At Present Confined In Central
Jail Ajmer) Through His Nephew Rakesh Jat S/o Sh. Mahaveer
Age About 19 Years R/o Shiv Colony Saradhana District Ajmer
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Prison
Jaipur
2. The District Parole Advisory Committee, Through The
District Magistrate Ajmer
3. The Superintendent, Central Jail Ajmer
----Respondents
For Petitioner(s) : Mr. B.R. Choudhary
For Respondent(s) : Mr. Javed Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment
24/08/2021
Heard. Perused the material available on record. The convict-petitioner applied for grant of twenty days' first parole. His parole application has been rejected by the District Parole Advisory Committee, Ajmer vide adverse recommendations dated 18.03.2021. Aggrieved thereby, the convict petitioner has approached this Court through this writ petition for assailing the adverse recommendations.
The Committee rejected the application of the convict- petitioner on the ground that as per the report of the District (Downloaded on 25/08/2021 at 10:11:45 PM) (2 of 2) [CRLW-1285/2021] Superintendent of Police, the complainant party expressed reservations that in case the convict-petitioner comes on parole, there would be threat to their life at the hands of the convict.
We find that the reasons assigned for denying parole to the convict-petitioner are absolutely mechanical, vague are not based on justifiable grounds so as to deny parole to the convict petitioner. We feel that the above apprehension/reservations of the victim, can be very well taken care of by requiring the convict- petitioner to furnish heavy bail and bonds & an undertaking to keep peace & good behaviour while availing parole.
In this background, we are inclined to accept the instant parole writ petition which is hereby allowed. The adverse recommendations dated 18.03.2021 drawn by the District Parole Advisory Committee, Ajmer is struck down qua the convict petitioner and it is ordered that the convict Shankar Singh S/o Shri Ghashi Ram shall be released on first parole of twenty days upon furnishing an undertaking to the above effect & provided he furnishes personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/- each to the satisfaction of Superintendent Central Jail, Ajmer on the usual terms and conditions. The Superintendent, Central Jail, Ajmer 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
Sudhir Asopa/
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