High CourtsDivision Bench(2023) 08 RAJ CK 0008

Hari Ram vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 2 August 2023

HON’BLE JUDGES
Vijay Bishnoi, J · Rajendra Prakash Soni, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 1203 Of 2023

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Judgment

6 paragraphs · 288 words
1.

This writ petition has been filed by the petitioner being aggrieved with the order dated 05.07.2023 passed by the District Parole Advisory Committee, whereby his application for releasing him on 20 days’ first parole has been rejected.

2.

The District Parole Advisory Committee, Jalore has dismissed the said application only on the basis of the report of Superintendent of Police, Jalore, wherein it is observed that it is not in the public interest to grant 20 days’ first parole to the petitioner.

3.

It is noticed that the Probation Officer of the Social Justice and Empowerment Department, Jalore has specifically recommended for releasing the petitioner on 20 days’ first parole, however, the District Parole Advisory Committee has not taken into consideration the said report while rejecting the application of the petitioner. It is also noticed that the Superintendent of Police in his report has not given any cogent reason for not releasing the petitioner on 20 days’ first parole.

4.

As per the reply of the State, the petitioner has served out total sentence of 8 years, 5 months and 9 days as on 22.07.2023 including jail remission.

5.

Taking into consideration the above facts and circumstances of the case, this parole writ petition is allowed and the jail authorities are directed to release the petitioner on 20 days’ first parole on furnishing a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur. The Superintendent, Central Jail, Jodhpur is free to impose usual conditions while releasing the petitioner on 20 days’ first parole.

6.

The petitioner shall surrender before the jail authorities concerned on completion of 20 days’ parole from the date of his actual release.