Tejmal S/O Shri Mangi Lal vs State Of Rajasthan
2021 Latest Caselaw 4085 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            D.B. Criminal Writ Petition No. 1302/2021

Tejmal S/o Shri Mangi Lal, R/o Karwad, Police Station Itawa,
Tehsil Pipalda, District Kota (Raj.), (At Present Confind In Central
Jail, Kota (Raj.), Through His Brother Kamlesh Pareta S/o Shri
Mangi Lal, Aged About 30 Years, R/o Karwad, Police Station
Itawa, Tehsil Pipalda, 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.      Superintendent Central Jail, Kota (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

26/08/2021

Heard. Perused the material available on record.

The petitioner has filed the instant writ petition seeking to

assail the order dated 03.05.2021 passed by the District Parole

Advisory Committee, Kota whereby the application for first parole

filed on behalf of convict prisoner Tejmal has been rejected.

The Committee rejected the application of the convict-

petitioner on the ground that as per the report of the District

Superintendent of Police, Kota (Rural), if the convict is released on

parole, there will be adverse effect on the society. The possibility

(2 of 2) [CRLW-1302/2021]

of breach of peace and unrest, in case of release of the petitioner

on parole were also mentioned as the grounds to deny parole to

the convict petitioner.

We find that the reasons assigned in the order dated

03.05.2021 for denying parole to the petitioner are absolutely

mechanical, vague and extraneous and are not based on

justifiable grounds so as to deny parole to the convict petitioner.

We further feel that the apprehension regarding breach of peace

and unrest can very well be taken care of by requiring the convict

to submit sound and solvent sureties and imposing appropriate

conditions.

In this background, we are inclined to accept the

instant writ petition which is hereby allowed. It is ordered

that the convict Tejmal S/o Shri Mangi Lal shall be released on

first parole of twenty days upon his furnishing 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 the 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

                                   /Sudhir Asopa/27









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