Shankar Singh S/O Shree Ghashi Ram vs State Of Rajasthan
2021 Latest Caselaw 3947 Raj/2

         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

(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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