Kailash @ Pintu vs State
2021 Latest Caselaw 9546 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 101/2021

Kailash @ Pintu S/o Shri Ramlal Ji Chamar, Aged About 26 Years, At Present Lodged In Central Jail, Udaipur, Through His Mother Smt. Leela Bai W/o Shri Ramlal Ji, Aged About 42 Years, Arnod, P.s. Arnod, District Pratapgarh.

----Petitioner Versus

1. State, Home Department, Jaipur.

2. The District Collector, Pratapgarh.

3. The Superintendent, Central Jail, Udaipur.

----Respondents

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

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

25/05/2021

The petitioner has filed the instant parole writ petition for

assailing the adverse recommendations dated 12.01.2021 drawn

in the meeting of the District Parole Advisory Committee,

Pratapgarh whereby his application for first parole of 20 days has

been rejected.

The Committee rejected the parole application of the convict-

petitioner on the ground that as per the report of the

Superintendent, Central Jail, Udaipur, the jail conduct of the

petitioner is unsatisfactory as he did not attend jail workshop from

January, 2020 to June, 2020. Apart from that, the Committee

denied first parole to the petitioner on the ground that the Social

Welfare Department and Superintendent of Police, Pratapgarh

have apprehended that if the convict-petitioner is released on

parole, the law and order situation may be adversely effected.

(2 of 2) [CRLW-101/2021]

Having considered the rival contentions and the material

available on record, we find that the reasons assigned in the

adverse recommendations for denying parole to the petitioner are

absolutely mechanical and vague and are not based on justifiable

grounds so as to deny parole to the convict petitioner. Not

attending the jail workshop cannot be a ground for indefinite

denial of parole to a convict. Suffice it to say that maintaining law

and order is the duty of the State machinery and in case, any

apprehension to peace or tranquility is felt upon release of the

convict-prisoner on parole, appropriate preventive measures can

always be taken. By merely citing this 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 12.01.2021 are struck down qua

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

@ Pintu S/o Shri Ramlal shall be released on first parole of

twenty days upon his furnishing a personal bond in the sum of

Rs.80,000/- with two sound and solvent sureties of Rs.40,000/-

each to the satisfaction of Superintendent Central Jail, Udaipur on

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

Udaipur 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.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

11-Sudhir Asopa/-

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