Asha Ram vs State and Others

This is a petition against the refusal of grant of fourth parole for 40 days to the Petitioner namely; Asha Ram.

As per the record, the parole application has been rejected on account of adverse police report as well as the adverse report of the Social Welfare Officer.

The notice was given to the Respondents who have filed their reply. It is admitted that as per the nominal roll, the conduct of the Petitioner in jail has been found to be satisfactory. It has been admitted that this is a petition for fourth regular parole for 40 days and the Petitioner had earlier availed 1st, 2nd and 3rd regular parole for 20, 30 and 40 days respectively and had surrendered before the authorities in time.

We have considered the reports of Superintendent of Police as well as that of the Social Welfare Officer which have been filed as Annexure-R2 and Annexure-R3. Nothing specific has been pointed out by the concerned authorities as to why the fourth parole for 40 days should be refused to the Petitioner, who has already availed 1st, 2nd and 3rd regular parole and nothing adverse against the Petitioner has been reported or mentioned in the afore-mentioned reports of the concerned Officers.

Having regard to the facts and circumstances, we are of the view that this petition deserves to be allowed.

Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Bharatpur to immediately release the Petitioner namely; Asha Ram S/o Late Shri Munshi Ram on fourth regular parole for a period of 40 days, which shall commence from the date of his release, upon furnishing personal bond in a sum of Rs. 50,000/-(Rupees fifty thousand only) with two sureties of Rs. 25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Bharatpur on usual terms and conditions and as per rules. The Superintendent, Central Jail, Bharatpur shall also fix the date for surrender of the accused-Petitioner.