Mukesh Kumar Son Of Maan Singh vs State Of Rajasthan
2021 Latest Caselaw 3867 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Criminal Writ Petition No. 1057/2021

Mukesh Kumar Son Of Maan Singh, Resident Of Vijay Nagar,
Police Station Atalband, District Bharatpur (Confined In Central
Jail Bharatpur) Through His Elder Brother Badan Singh Son Of
Maan Singh, Aged About 43 Years, Resident Of Village Mehgaya,
Maroli Kala Bharatpur, District Bharatpur (Rajasthan)
                                                                      ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Secretary, Department Of
        Home, Government Of Rajasthan, Jaipur
2.      District Magistrate, Bharatpur
3.      Superintendent, Central Jail, Bharatpur
                                                                   ----Respondents

For Petitioner(s)          :     Mr. Dheeraj Singhal
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 serving Life Imprisonment at the Central

Jail, Bharatpur. His application for first parole has been rejected by

the District Parole Advisory Committee, Bharatpur vide

recommendations dated 26.04.2021 which has been assailed in

this writ petition.

We have heard and considered the submissions advanced at

bar and have gone through the material placed on record.

The Social Welfare Department has recommended for

petitioner's release on parole. His jail conduct is also satisfactory.

However, the parole application of the petitioner has been rejected

(2 of 2) [CRLW-1057/2021]

only on the basis of the adverse report of the Superintendent of

Police, Bharatpur, which indicates totally mechanical observations

that the petitioner has been convicted for the heinous offence of

murder and if he is released on parole, some untoward incident

may happen.

Suffice it to say that the duty to maintain law & order in the

society is that of the local police officials. If any convict who has

been released on parole, is found indulged in any criminal activity

during the parole period or he breaches any of the conditions of

parole, the parole period can be curtailed and the future paroles

can be denied to him. In any event, we are of the view that there

is no justification for denial of first parole to the convict petitioner.

Accordingly, the writ petition is allowed. It is hereby directed

that the petitioner Mukesh Kumar Son of Maan 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, Bharatpur on usual

terms and conditions. The Superintendent, Central Jail, 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 parole. The term of parole shall be computed from the

date of his actual release.

                                    (RAMESHWAR VYAS),J                                         (SANDEEP MEHTA),J

                                   37/-Devesh/Arun/-









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