Amar Singh vs State Of Rajasthan And Ors

The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Ajmer being convicted and sentenced for the offence punishable under Section 304 of IPC.

The Parole Committee has rejected the application on the ground of adverse police report.

The Jail Department has submitted its reply.

Learned counsel for the respondent states that while applying for parole for 20 days, the matter of prisoner was prepared and sent vide letter dated 16.03.2018 to the District Parole Committee, Nagaur which held its meeting on 27.08.2018 and while considering the matter of parole, the reasons given by the convict-petitioner were not found sufficient to grant him first parole.

This Court has considered the decision of Parole Committee rejecting the parole claimed. The convict has already undergone a sentence of 02 years 08 months and 27 days as on 01.12.2018.

This Court after going through the record of the case finds that the reasons given for the first parole by convict-petitioner is that he requires to take care of his house, which requires maintenance. The only reason given by the Committee in its order dated 28.08.2018 and also reiterated in the reply of State of Rajasthan is that the convict-petitioner's parents are no more surviving and since he is unmarried, therefore, he is not required to have any maintenance of his house.

It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958. More so, Ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can't be frustrated on the basis of vague and ill-founded reasons.

Accordingly, this petition is allowed. The respondents are directed to release convict-petitioner Amar Singh, S/o Hari Singh to avail 20 days first parole as per provisions of the Rules of 1958 provided he furnish two sureties in a sum of Rs.25,000/-each and a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Ajmer. The Superintendent, Central Jail concerned will give a date for surrender of convict and shall also be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole. A copy of this order may be sent to the convict.