Ayub Khan vs State Of Rajasthan And Others

This petition has been filed by the petitioner aggrieved of rejection of his prayer for third parole of 40 days by the Committee in its meeting dated 20.03.2023 (Annex.2).

The Committee rejected the prayer of the petitioner for releasing him on 40 days’ parole, inter-alia, observing that in case the petitioner is released on parole, the same may lead to law and order situation. A further indication was made that the petitioner has been visited with jail punishment on 18.05.2022 and 04.12.2022 for remaining absent from jail workshop and, therefore, he was not entitled to be released on parole.

Learned counsel for the petitioner made submissions that on similar grounds earlier also the first regular parole for a period of twenty days was denied to the petitioner, which was challenged before this Court by filing D.B. Criminal Writ Petition No.162/2019 : Jamal Khan vs. State of Rajasthan & Ors., which petition filed by convict’s father, came to be allowed on 08.05.2019 and, therefore, rejection of the prayer for release on parole is not justified. Further submissions have been made that for not attending the workshop, the jail punishment of deduction of four days’ remission has already been imposed on the petitioner and, therefore, the same cannot be a reason enough for denying release on parole of the petitioner. Submissions have also been made that on two occasions, the petitioner was released on parole, which liberty has not been misused by him and, therefore, the rejection of said grounds is not justified.

Learned Government Advocate reiterated the submissions as contained in the decision of the Committee and submitted that several cases are pending against the petitioner and, therefore, his release on parole is not conducive for law and order situation.

We have considered the submissions made by the counsel for the parties and have perused the material available on record.

The reasons indicated for rejection of third parole, as noticed hereinbefore, pertains to likelihood of law and order situation getting affected and that the convict has been visited with jail punishment. This Court on the earlier occasion when the convict was denied first parole, inter-alia, came to the following conclusion:

“We are of the opinion that maintaining law and order situation in the society is the duty of the State authorities. By merely citing this reason, they cannot shirk their responsibilities. The apprehension that convict prisoner will abscond cannot be a ground for denial of release of convict prisoner on parole, if he is otherwise eligible to be released on parole as per the Rajasthan Prisoner’s Release on Parole Rules, 1958. Besides, there is no basis or material placed on record to show that if the convict prisoner is released on parole, he will abscond.

In this view of the matter, there is no justification for rejection of the convict prisoner’s application for first parole. Accordingly, the instant parole writ petition is allowed.”

The situation, which existed in the year 2019 and the parole was granted to the convict, it cannot be said that situation has since worsened and, therefore, for the same reason rejection of petitioner’s prayer for release on third parole cannot be countenanced.

Insofar as the imposition of jail punishment is concerned, as remission of the petitioner by way of punishment has already been ordered to be reduced, the same cannot provide a reason enough for denying parole.

Consequently, the recommendation drawn by the District Parole Advisory Committee in its meeting dated 20.03.2023 (Annex.2) qua the petitioner is quashed, and it is ordered that the petitioner shall be released on third parole of forty days, upon his furnishing personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Udaipur on the usual terms and conditions. The Superintendent, Central Jail, Udaipur 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.

The petition stands allowed accordingly.