Sushil Kumar vs State Of Rajasthan
2021 Latest Caselaw 9703 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 241/2021

Sushil Kumar S/o Shri Hava Singh, Aged About 43 Years, At Present Lodged In Central Jail, Bikaner, Through His Wife Smt. Sunita W/o Shri Sushil Kumar, Aged Abuot 35, R/o Miti, Raduwali, P.s. Rajgarh, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Home Department, Jaipur.

2. The District Collector, Churu.

3. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati (through VC) For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G with Mr. Abhishek Purohit

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

03/06/2021

The office objections are over-ruled.

The instant parole writ petition has been filed on behalf of

the convict-petitioner Sushil Kumar seeking a direction for his

release on first parole of twenty days.

The convict-petitioner's parole application was rejected by

the District Parole Advisory Committee, Churu vide adverse

recommendations recorded in its meeting held on 23.04.2021

assigning the reason that as per the report of the District

Superintendent of Police, Churu, the convict himself is likely to

face risk of his life, if released on parole.

                                                                               (2 of 2)                     [CRLW-241/2021]



                                         We      find   that   the      reason       assigned         in   the   adverse

recommendations dated 23.04.2021 for denying the parole to the

petitioner is absolutely mechanical, vague and extraneous and is

not based on justifiable ground so as to deny parole to the convict

petitioner. Suffice it to say that maintaining law and order

situation is the duty of the State machinery and by merely citing

such reason, the authorities cannot shirk their responsibilities.

In this background, we are inclined to accept the

instant parole writ petition which is hereby allowed. The

adverse recommendations dated 23.04.2021 are struck down qua

the convict-petitioner and it is ordered that the convict Sushil

Kumar S/o Shri Hava Singh shall be released on first parole of

twenty days upon his furnishing personal bond in the sum of

Rs.80,000/- with two sureties of Rs.40,000/- each to the

satisfaction of Superintendent Central, Jail, Bikaner on the usual

terms and conditions. The Superintendent, Central Jail, Bikaner

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.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J

1-Sudhir Asopa/-

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