Firoz Khan vs State And Ors

Petitioner, a life convict prisoner, has laid this writ petition under Article 226 of the Constitution of India craving grant of first regular parole for 20 days.

The facts are that petitioner was convicted for offence under Section 302 IPC with life term on 16.02.2019 by learned Special Judge, SC/ST (Atrocities) Cases, Pali in Sessions Case No.5/14.

After remaining under incarceration for more than five years, petitioner applied for first regular parole of 20 days. The District Level Parole Committee, after due deliberations on 02.04.2019, declined his prayer by citing the reason that in case he is released on parole it will have adverse effect on the society at large. Apart from that, the Committee was also impressed by the factum of serious delinquency of the petitioner for which he was indicted.

Reply to the petition is filed on behalf of State, wherein it is admitted by the State that petitioner has already undergone sentence for more than five years and eight months as on 04.05.2019 including jail and state remission.

On 22.05.2019, learned Public Prosecutor was directed to keep the original record as well as report pertaining to family background of the petitioner ready for perusal of the Court.

Learned Additional Advocate General has produced the original record.

Upon perusal of the record, it has come to the fore that Probation Officer, in his report dated 26.03.2019, has recommended the case of petitioner for grant of first regular parole. From the report, it is also discernible that even the neighbours of the petitioner have not objected to his release on first regular parole. The report of the Probation Officer is essentially based on aims and objects of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short, 'Rules of 1958') and Rule 9 of the Rules of 1958, also envisages for grant of parole to a convict on completion of prescribed sentence.

After examining the matter objectively and, more particularly, the original record, we are of the view that the reasons spelt out in order dated 02.04.2019 by District Level Parole Committee, Pali, are not convincing, and, in substance, these reasons are alien to the basic aims and objects of the Rules of 1958. The precise object is that the convict may be allowed to have access with his family and reform himself.

In view thereof, impugned order dated 02.04.2019 is quashed and set aside qua the petitioner and petitioner-convict-prisoner, Firoz Khan S/o Lt Mohhamad Sardar, is hereby directed to be released on first regular parole of 20 days from the date of his release, upon furnishing personal bond of Rs.20,000/-with one surety of like amount to the satisfaction of competent jail authority.

It is needless to observe here that petitioner-convict shall surrender before the concerned jail authority after availing parole of 20 days'.