Himmat Singh vs State Of Rajasthan And Others

This petition has been filed by the petitioner aggrieved of the rejection of his application seeking second 30 days parole by order dated 18.4.2023 (Annex.1) by the Parole Committee.

Submissions have been made that the application has been rejected on the ground that if the petitioner is released on parole, the same may result in disturbance of the atmosphere in the village. The Deputy Director, Social Justice and Empowerment, Udaipur, also based on the same grounds gave a negative report and the Superintendent, Central Jail, Udaipur, indicated that on account of remaining absent in the workshop, he was visited with jail sentence on 18.5.2022, therefore, his behaviour is unsatisfactory and gave a negative recommendation, based on the same, the application has been rejected.

Learned counsel for the petitioner made submissions that for identical reasons earlier also parole was denied to the petitioner, which order came to be set aside by this Court in Himmat Singh v. State & Ors.: D.B. Criminal Writ Petition No.365/2019, decided on 27.9.2019 and Himmat Singh v. State & Ors.: D.B. Criminal Writ Petition No.442/2021, decided on 5.10.2021 and, therefore, the petitioner deserves to be released on parole.

Learned AAG made submissions that looking to the conduct of the petitioner and the fact that negative reports have been received regarding his conduct, the writ petition be dismissed.

We have considered the submissions made by learned counsel for the parties and have perused the material available on record.

Besides the fact that grounds as indicated does not find mention in provisions of Rule 14 of the Rules of 1958, apparently, the grounds on which the parole has been rejected, stands covered by previous orders passed in the case of petitioner himself.

In D.B. Criminal Writ Petition No.365/2019 (supra), a Coordinate Bench of this Court inter alia observed as under:-

“The convict-petitioner’s parole application was rejected by the District Parole Advisory Committee, Udaipur vide its recommendation dated 21.06.2019 on the ground that the convict himself is likely to face risk of his life, if released on parole, because animosity still prevails between him and the complainant party. The apprehension regarding the victim party being traumatized by the convict-petitioner, if released on parole was also mentioned as one of the ground to deny parole to the convict petitioner.

We find that the reasons assigned in the adverse recommendations dated 21.06.2019 for denying the parole to the petitioner are absolutely vague and extraneous and are not based on justifiable grounds so as to deny parole to the convict petitioner. We further feel that the apprehension that any scuffle may take place between the victim party and the convictpetitioner, can very well be taken care of by requiring the convict to submit sound and solvent sureties and imposing appropriate conditions.”

Similarly in D.B. Criminal Writ Petition No.442/2021 (supra), a Coordinate Bench of this Court observed as under:-

“The Committee rejected the parole application of the convict petitioner on the ground that as per report of the Superintendent of Police, Udaipur, in case the petitioner is released on parole, law and order situation in the society will be adversely effected. As per the jail report, the conduct of the petitioner is not satisfactory and on this count also, the Committee denied parole to the petitioner. However, contrary to these two reports, the Social Welfare Department has recommended for his release on parole.

Having regard to the overall facts and circumstances of the case and in order to give the convict-petitioner one reasonable opportunity of reformation and reintegration into the society, we are inclined to extend indulgence of parole to him.”

In view of the above, the petition filed by the petitioner is allowed. The order dated 18.4.2023 (Annex.1), qua the petitioner, is quashed and set aside.

It is ordered that the convict Himmat Singh S/o Mangal Singh shall be released on second parole of thirty days upon his furnishing personal bond in the sum of Rs.50,000/- with one surety of Rs.25,000/- 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.