Deeparam @ Deepla vs State
2021 Latest Caselaw 9548 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 513/2020

Deeparam @ Deepla S/o Sh. Laluram, Aged About 27 Years, At

Present Lodged In Central Jail, Bikaner Through His Father Sh.

Laluram S/o Sh. Lunaram, Aged About 48 Years, B/c Jat, R/o

Bapeu P.s. Seruna District Bikaner.

----Petitioner Versus

1. State, Through Secretary Of Home Dept. Jaipur.

2. The District Collector, Bikaner.

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

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 26.08.2020 drawn

in the meeting of the District Parole Advisory Committee, Bikaner

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 of Police, Bikaner, the law and order situation may

be adversely effected, in case the petitioner is released on parole.

Apart from that, the Committee denied parole to the petitioner on

(2 of 3) [CRLW-513/2020]

the ground that the Social Welfare Department has also not

recommended for his release on first parole.

On 19.05.2021, we had directed learned Addl. Advocate

General to apprise the Court regarding the conduct of the

petitioner in jail. He points out that there is no adverse report

regarding the petitioner's conduct during his entire period of

incarceration.

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 as the

convict is languishing in jail for nearly eight years. 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 26.08.2020 are struck down qua

the convict-petitioner and it is ordered that the convict

Deeparam @ Deepla S/o Shri Laluram 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,

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

(3 of 3) [CRLW-513/2020]

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

8-Sudhir/-

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