Deva Ram vs State And Ors

The petitioner has filed the instant parole writ petition seeking to assail the order dated 05.12.2019 passed by the District Parole Advisory Committee,

Pali whereby the application for first parole of twenty days filed on behalf of convict prisoner Devaram S/o Shri Sonaram has been rejected.

We find that the bald reason assigned therein that the convict and the victim’s family are residing in same village and thus, there is a possibility of

breach of law and order situation if the convict is released on parole, is absolutely farfetched and flimsy. If this view is adopted the possibility of

release on parole of any prisoner who resides in same locality as the victim’s family would virtually be ruled out. Maintaining law and order is the

duty of the State machinery and in case, any apprehension of breach thereof is felt by release of the prisoner on parole, appropriate preventive

measures can always be taken. The another reason for denying parole to the convict petitioner that he has been convicted and sentenced recently vide

the judgment dated 11.10.2019 and thus, it would be too early to release him on parole is also baseless and untenable.

In this background, we are inclined to accept the instant parole petition, which is hereby allowed. The order dated 05.12.2019 based on the adverse

recommendations dated 25.11.2019 drawn in the meeting of District Parole Committee, Pali are struck down qua the convict prisoner and it is ordered

that the convict Devaram S/o Shri Sonaram shall be released on fist parole of twenty days upon his furnishing personal bond in the sum of Rs.80,000/-

with two sureties of Rs.40,000/- each to the satisfaction of Superintendent Central, Jail, Jodhpur on the usual terms and conditions. The convict

petitioner shall furnish an undertaking that he shall keep peace and be of good behaviour during the period of parole. 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.