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Judgment
18 paragraphs · 353 wordsHeard. Perused the material available on record.
The convict petitioner has been denied first parole of twenty days by the District Parole Advisory Committee, Pali vide its adverse
recommendations dated 15.07.2019.
On a perusal of the reasons set out in the recommendations, it is clear that very vague allegations have been levelled for denying parole to the
petitioner that the complainant's two sons namely Mahendra and Govind might take revenge on the convict, if he is released on parole. However, the
report is absolutely silent as to where the complainant's family resides. Otherwise also, maintaining law and order in the society is the duty of the
police. The provisions of parole are enacted by the legislature for reformation of the convicts and to provide them opportunities to interact with their
families.
As per the family status report filed on record by Shri Farzand Ali, AAG, the petitioner's wife, his two sons and a daughter are present in the family
and his wife works on the agricultural farm of one Mangilal. Manifestly, as per this report, the victim's family members have never tried to take
revenge with the family members of the convict-petitioner. Therefore, the reasoning mentioned in the adverse recommendations dated 15.07.2019 that
the victim's family members might take revenge on the convict-petitioner, if he is released on parole is without any foundation.
Accordingly, the instant parole writ petition deserves to be and is hereby allowed. The adverse recommendations dated 15.07.2019 are struck down
qua the convict prisoner and it is hereby directed that the convict-petitioner Prakash S/o Shri Babulal shall be released on first parole of twenty days
upon his furnishing a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of
Superintendent Central, Jail, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur 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.