Deelip S/O Shri Bhagwan Singh vs State Of Rajasthan
2021 Latest Caselaw 3869 Raj/2

       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

(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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