Gaurav vs State, Through Secretary and Others

Sandeep Mehta,

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The petitioner has filed the instant parole writ petition seeking to assail the order dated 03.04.2019 based on the recommendations dated 26.03.2019 drawn in

the meeting of the District Parole Advisory Committee, Bhilwara whereby the application for first parole of twenty days filed on behalf of convict prisoner

Gaurav S/o Shambhu Lal has been rejected.

We find that the reasons assigned therein that the convict and the victim's family are residing in same village and that there is no occasion for the convict-

petitioner for being released on parole are absolutely vague 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. Suffice it to say that the Parole Rules have been promulgated to provide the convicts a window

of visiting their families and so that they can be re-integrated into the social fabric. If the logic, set up in the report, is to be accepted, it would imply that release

on parole of every convict would have an adverse effect on the society. I further feel that the apprehension that the convict will abscond can very well be taken

care of by requiring the convict to submit sound and solvent sureties and imposing appropriate conditions.

In this background, I am inclined to accept the instant parole petition, which is hereby allowed. The order dated 03.04.2019 based on the adverse

recommendations dated 26.03.2019 drawn in the meeting of District Parole Committee, Bhilwara are struck down qua the convict prisoner and it is ordered that

the convict Gaurav S/o Shri Shambhu La lshall 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, Ajmer on the usual terms and conditions. The Superintendent, Central Jail, Ajmer

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.