Aasuram vs State Of Rajasthan
2021 Latest Caselaw 12197 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 327/2021

Aasuram, S/o Modaram B/c Jat, R/o Sagramoni Godaro Ki Dhani, Baitu Chimanji, Ps Baitu, Dist Barmer (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary

2. Collector, Barmer

3. Supdt., Central Jail Jodhpur

----Respondents

For Petitioner(s) : By post For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G. with Mr. Abhishek Purohit

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

04/08/2021

The convict-petitioner has forwarded this letter petition from

jail seeking to assail the order dated 17.05.2021 passed by

District Parole Advisory Committee, Barmer whereby his prayer for

releasing him on first parole of twenty days has been rejected.

The Committee denied release of the convict-petitioner on

first parole on the ground that as per the report of the

Superintendent of Police, Barmer, there is an apprehension of the

convict absconding in case he is released on parole. In the said

report, it is also mentioned that only for the purpose of

re-integration into the society, the convict-petitioner has prayed

for his release on first parole and that there is no concrete reason

for releasing him on parole. On the contrary, the Social Welfare

Department as well as the Superintendent, Central Jail, Jodhpur

have recommended for his release on parole.

(2 of 2) [CRLW-327/2021]

We find that the reasons assigned for denying parole to the

convict-petitioner are absolutely mechanical, vague and

perfunctory and are not based on justifiable grounds so as to deny

parole to the convict petitioner. Suffice it to say that the Parole

Rules have been promulgated to provide the convicts a window of

visiting their families and so that they can be re-integrated into

the social fabric. Further, the apprehension that the petitioner will

abscond, in case of release on parole, can be very well taken care

of by requiring him to furnish heavy bail and bonds.

In this background, we are inclined to accept the

instant parole writ petition which is hereby allowed. The

order dated 17.05.2021 passed by the District Parole Advisory

Committee, Barmer is quashed and struck down qua the convict

petitioner and it is ordered that the convict Aasuram S/o

Modaram, 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 sureties of Rs.50,000/- each (duly verified

by the Tehsildar concerned) to the satisfaction of Superintendent

Central Jail, Jodhpur on the usual terms and conditions. The

Superintendent, Central Jail, Jodhpur 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.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J

25-Sudhir Asopa/-

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