Babu Khan vs State Of Rajasthan And Ors

The petitioner has filed the instant parole writ petition seeking to assail the adverse recommendations dated 09.10.2019 drawn in the meeting of the

District Parole Advisory Committee, Udaipur whereby the application for first parole filed on behalf of convict prisoner Babu Khan S/o Shri Fateh

Mohammad has been rejected.

The District Parole Advisory Committee dismissed the parole application of the convict prisoner on the basis of adverse recommendations of

Superintendent of Police, Udaipur wherein it was apprehended that if the convict is released on parole, the possibility of breach of peace and unrest

cannot be ruled out. The apprehension regarding the victim party being traumatized by the convict-petitioner and his abscondance, if released on

parole were also mentioned as grounds to deny parole to the convict petitioner.

We are of the opinion that maintaining law and order situation in the society is the duty of the State authorities and in case, any apprehension of breach

thereof is felt by release of the prisoner on parole, appropriate preventive measures can always be taken. By merely citing this reason, they cannot

shirk their responsibilities. Suffice it to say that the Parole Rules have been promulgated to provide the convicts a window of visiting their families and

so that they can be re-integrated into the social fabric. If the logic, set up in the report, is to be accepted, it would imply that release on parole of every

convict would have an adverse effect on the society.

In this view of the matter, there is no justification for rejection of the petitioner’s application for first parole. Accordingly, the instant parole writ

petition is allowed. The impugned recommendations drawn by the District Parole Advisory Committee in its meeting dated 09.10.2019 are quashed

and struck down qua the convict petitioner and it is ordered that the convict prisoner Babu Khan S/o Shri Fateh Mohammad shall be released on first

parole of twenty days upon his furnishing personal bond in the sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the

satisfaction of 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.