Bharat Ram vs State Of Rajasthan And Ors

The instant parole writ petition has been filed on behalf of the convict-petitioner Bharat Ram S/o Shri Akharam seeking a direction for his release on first parole of twenty days.

The convict petitioner filed an application for releasing him on first parole of twenty days, which has been rejected by the District Magistrate, Nagaur vide order dated 23.12.2019 assigning a reason that the Superintendent of Police, Nagaur has forwarded a report mentioning therein that the convict petitioner has been convicted and sentenced for offences punishable under the POCSO Act and if he is released on parole, the society will be adversely effected. One another reason for denying parole to the convict petitioner is that except his family members, nobody is ready to stand surety on his behalf.

On perusal of the report of SP, Nagaur, we find the same to be totally laconic and perfunctory. 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. If the logic, set up in the report, is to be accepted, it would imply that release on parole of every convict would have an adverse effect on the society.

Considering the fact that the police report on the basis whereof the parole application of the convict has been dismissed is absolutely flimsy and farcical, we hereby accept the instant parole writ petition. The impugned order dated 23.12.2019 is quashed and set aside qua the convict-petitioner and it is ordered that the convict prisoner Bharat Ram S/o Shri Akharam, 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, Ajmer on the usual terms and conditions. The Superintendent, Central Jail, Ajmer 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.