Deena, Deendayal, Shri Gore Lal @APPELLANT@Hash State Of Rajasthan

This petition has been filed by the petitioner, who is serving out sentence consequent upon his conviction for offence under Sections 147, 148, 149, 395,

396 and 302 IPC awarded by the Court of special Judge (Anti Dacoity Cases), Dholpur, District Dholpur in Sessions Case No.47/2008 vide judgement

dated 03.06.2014. The appeal against the said judgement has been dismissed by this Court vide judgment dated 13.12.2017. Since the petitioner has

completed more than one fourth of his sentence, he applied for grant of first regular parole, which has been rejected by the District Parole Advisory

Committee, Dholpur in its meeting dated 30.11.2017 and order in this regard was passed on 19.12.2017 only on the ground of adverse report of

Superintendent of Police, Dholpur and District Probation and Social Welfare Officer, Dholpur.Â

Learned counsel for the petitioner submits that even though the District Parole Advisory Committee has declined to release the petitioner on parole on

the ground that there were 15 cases registered against him but according to him, all the aforesaid cases were pertaining to the years 2004, 2005 and

2006 and no new case thereafter was registered against the petitioner. Except one case of 2006, i.e. Case No. 36/2006 for offence under Sections

399, 402, 353, 307 IPC, Section 3/25 Arms Act, Section 11 RDA Act, all other cases have been decided and conduct of the petitioner in the jail has

been found to be satisfactory, which is evident from the report of Superintendent, Central Jail, Bharatpur and nominal roll of the petitioner.  It is

argued that District Probation and Social Welfare Officer, Dholpur has not recommended case of the petitioner only because of past criminal cases

registered against the petitioner. The petitioner has actually served out sentence of 7½ years and if the period of remission is added thereto, this

would extend to 8 years. It is, therefore, prayed that the petitioner may be granted an opportunity to join the mainstream of the society as a reformed

citizen, which is the object of grant of parole.Â

Learned Additional Advocate General opposed the petition and argued that looking to number of criminal cases registered against the petitioner in the

past, his parole application has rightly been dismissed by the District Advisory Committee. Â

Having heard learned counsel for the petitioner, learned Additional Advocate General and perusing the record, we find that District Parole Advisory

Committee, Dholpur has declined to release the petitioner on parole on the ground that there were 15 cases registered against him but all the aforesaid

cases were pertaining to the years 2004, 2005 and 2006 and no new case thereafter was registered against the petitioner. As per learned counsel

for the petitioner, except one case of 2006, i.e. Case No. 36/2006 for offence under Sections 399, 402, 353, 307 IPC, Section 3/25 Arms Act, Section

11 RDA Act, all other cases registered against the petitioner have been decided and conduct of the petitioner in the jail has been found to be

satisfactory, which is also evident from the report of Superintendent, Central Jail, Bharatpur and nominal roll. District Probation and Social Welfare

Officer, Dholpur has not recommended the case of the petitioner only because of past criminal cases registered against the petitioner. The purpose

of release of an accused on parole is to ensure that he stays in contact with the society so that after his release on completion of sentence, he joins

mainstream of the society as a reformed citizen. However, in order to safeguard the apprehension expressed by the respondents, the petitioner can be

directed to report at Police Station Badi on every fifth day of the week.    Â

Having regard to the facts aforestated, the petition is allowed. Impugned order dated 19.12.2017 qua the petitioner is quashed and set aside. It is

directed that the petitioner namely; Deena @ Deendayal son of Shri Gore Lal shall be released on regular first parole from Central Jail, Bharatpur for

a period of 20 days from the date of his release upon his furnishing one personal bond in the sum of Rs.2,00,000/- with two sureties in the sum of

Rs.1,00,000/- each to the satisfaction of the Superintendent, Central Jail, Bharatpur on the condition that the petitioner shall report at Police Station

Badi, Dholpur on every fifth day of the week and further that he shall surrender before the jail authorities immediately after expiry of period of 20

days. In case, the petitioner fails to surrender immediately after expiry of stipulated period of 20 days, the jail authorities shall immediately inform the

concerned Magistrate for procuring his arrest. It will be open for the concerned Jail Superintendent to put any other condition, as per Rules, to

secure presence of the petitioner.