Shanu S/O Shri Sadiq vs State Of Rajasthan
2021 Latest Caselaw 3780 Raj/2

         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

(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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