Jagdish @ Jaggi S/O Shri Indra ... vs State Of Rajasthan
2021 Latest Caselaw 4130 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            D.B. Criminal Writ Petition No. 1359/2021

Jagdish @ Jaggi S/o Shri Indra Singh, R/o Musakheda Ps
Kishangarhbas Dist. Alwar Raj. At Present Confined In Central
Jail Alwar Raj. Through His Brother Gurmeet Singh S/o Shri
Indra    Singh   Aged     About       27     Years       R/o    Musakheda     Ps
Kishangarhbas Dist. Alwar 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 Alwar Raj.
3.      Superintendent, Central Jail Alwar Raj.
                                                                ----Respondents

For Petitioner(s) : Mr. T.C. Swami on behalf of Mr. Govind Prasad Rawat For Respondent(s) : Ms. Rekha Madnani, AGA

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

27/08/2021

The convict-petitioner Jagdish @ Jaggi has filed the instant

writ petition seeking to assail the adverse recommendations dated

08.06.2021 drawn in the meeting of the District Parole Advisory

Committee, Alwar whereby the application for first parole filed on

behalf of convict prisoner has been rejected.

We find that the reason assigned therein that the convict and

the victim's family are residing in same village and thus, the

victim's family would be adversely affected if the convict is

released on parole, is absolutely farfetched and flimsy. If this view

(2 of 2) [CRLW-1359/2021]

is adopted, the possibility of release on parole of any prisoner who

resides in same locality as the victim's family would virtually be

ruled out. Suffice it to say that the Parole Rules have been

promulgated to provide the convicts a window of visiting their

families and so that they can be re-integrated into the social

fabric.

In this background, we are inclined to accept the

instant petition, which is hereby allowed. The adverse

recommendations drawn in the meeting of District Parole

Committee, Alwar dated 08.06.2021 are struck down qua the

convict prisoner and it is ordered that the convict Jagdish @

Jaggi S/o Shri Indra Singh 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, Alwar on

the usual terms and conditions. The Superintendent, Central Jail,

Alwar 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/28









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