Bheru Lal vs State And Ors

The petitioner-convict has preferred the instant parole writ petition through Jail seeking to assail the recommendations dated 29.08.2018 of the District Parole Advisory Committee, Rajasamand whereby the application submitted by the petitioner for grant of first parole of twenty days was rejected.

The reasons which are assigned by the District Parole Advisory Committee for rejecting the prayer of parole can be summarized as below:-

That the distance between the village of the victim party and the convict is only 10 to 12 kilometers.

That if the victim is released on parole, some untoward incident can happen.

That the convict has been held guilty of murdering his own wife and son and the feeling of ill-will amongst the parties still prevails.

That if the convict comes home on parole, the victim party would be traumatized and his release may have adverse impact on the society.

These reasons are drawn on the basis of the negative opinion of the Superintendent of Police, Rajsamand. However, the Social Welfare Officer has recommended release of the convict on first parole observing that nobody in the society is aggrieved if the convict is released on parole. The residents of village of the accused petitioner are in favour of his being granted parole. The parents of the accused petitioner are of old age and his mother is ill and ailing.

In view of these contradictory reports and considering the vague nature of the aspersions cast by the Superintendent of Police, Rajsamand in his report, we feel that the reasons assigned by the District Parole Advisory Committee while rejecting the first parole application of the convict are not germane and tenable. Thus, we allow the instant parole writ petition and direct that the convict petitioner Bheru Lal S/o Shri Sohan Lal shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.