Yashpal vs State of Rajasthan and Others

This order governs the disposal of writ petition (parole) filed by Mr. Nikhlesh Katara, Advocate on behalf of convict-petitioner, Yashpal under Article 226 of Constitution of India.

Heard learned Counsel for the convictpetitioner and learned Public Prosecutor for the State and also perused the order dated 21.01.2009 passed by the Parole Committee.

The convict is undergoing the sentence of life imprisonment awarded to him by the Additional District & Sessions Judge, (Fast Track), No. 1, Dholpur vide judgment and order dated 28.08.2003 in Sessions Case No. 69/2002 for the offence under Sections 302 of IPC.

Reply to the petition has been filed by the State and it appears that the petitioner has completed the requisite period of sentence in jail for consideration to release him on first parole of twenty days. We have also perused the order dated 21.01.2009, it appears that on account of report of the Superintendent of Police concerned, the first parole application was rejected, however, the case of the petitioner was recommended by the superintendent of jail and no complaint is there against the petitioner. The reasons for refusing parole are not satisfactory, so also, there does not appear any material to refuse first parole sought by the petitioner.

In view of above, we deem it proper to allow the petition.

Accordingly, the petition is allowed. It is ordered that convict-petitioner, Yashpal S/o Matre Lal, by caste- Thakur, shall be released on parole for a period of 20 days on furnishing proper bail bonds to the satisfaction of the Superintendent, Central Jail, Bharatpur on usual terms and conditions as determined by him. The Superintendent of Jail shall also fix a date for the surrender of the convict-petitioner before the jail authorities.