Rajasthan High Court
Bhupendra Singh S/O Late Shri ... vs State Of Rajasthan on 22 January, 2021
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 735/2020
Bhupendra Singh S/o Late Shri Indraj, Aged About 28 Years, R/o
Garhi Wajidpur Ps Bhondsi Dist. Guragram Haryana (At Present
In Central Jail Alwar) Through His Elder Brother Jeetram S/o Late
Shri Indraj Aged About 37 Years R/o Garhi Wajidpur Ps Bhondsi
Dist. Gurugram Haryana
----Petitioner
Versus
1. State of Rajasthan, Through The Secretary Home
Secretariat Jaipur
2. The Distt. Parole Advisory Committee, through Its
Chairman Distt. Magistrate Alwar
3. Superintendent, Central Jail Alwar
----Respondents
For Petitioner(s) : Mr. Manjeet Kumar
For Respondent(s) : Mr. Ramesh Chaudhary, AGC
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
22/01/2021
1. This petition has been filed being aggrieved of the order dated
30-9-2020 passed by the District Parole Advisory Committee,
Alwar declining the release of the petitioner on first regular parole.
2. Learned counsel for the petitioner submits that the petitioner
is admittedly eligible for first regular parole. His jail conduct has
remained satisfactory. Local police has not submitted its report in
his favour and apprehended for breach of peace in case the
prisoner is released on parole. Reliance has been placed on
judgments in the case of Paras Ram Vs. State of Rajasthan
(2 of 3) [CRLW-735/2020]
[2007(4) WLC (Raj.) 547] and Smt. Sushila Kanwar Vs. State of
Rajasthan [RCC 1994 RCC 564].
3. Learned counsel for respondents has opposed the petition.
4. Heard. Considered.
5. Admittedly, the petitioner is eligible for first regular parole. His
jail conduct has remained satisfactory. Though local police has not
recommended his release on first regular parole, but the
recommendation is based on mere apprehension and without any
reasonable basis. Therefore, in view of legal position expounded in
the above cited judgments Paras Ram (supra) and Smt. Sushila
Kanwar (supra) the petitioner deserves to be released on first
regular parole with appropriate conditions.
6. Accordingly, the petition is allowed and the impugned order
dated 30-9-2020 is quashed and set aside. It is directed that
petitioner Bhupendra Singh S/o Indraj be released on first regular
parole of twenty days from the date of his release provided, he
furnishes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the
Superintendent, Central jail, Alwar with the stipulation that he
shall surrender himself before the jail authorities immediately
after expiry of twenty days and shall maintain peace and
tranquility during parole period.
(3 of 3) [CRLW-735/2020]
7. The Superintendent Central Jail is also directed to inform the
concerned Probation Officer to monitor the activities and the
whereabouts of the petitioner and to submit his report to the
Superintendent Central Jail on completion of the parole period of
twenty days. The said report shall form part of the record of the
petitioner kept in the jail department. The petitioner is further
directed to report to Police Station Bhondsi, District Gurugram
(Haryana) after every 7 days. In case he does not report to the
Police Station, the parole shall stand automatically vacated and
the petitioner shall be arrested and brought back to the jail.
8. The Registrar (Judicial) is directed to immediately send a copy
of this judgment to the SHO Police Station Bhondsi, District
Gurugram (Haryana) for compliance.
(SATISH KUMAR SHARMA),J
Arun/124
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