Hira Ram vs State of Rajasthan And Ors

Heard.

The petitioner has filed the instant parole writ petition seeking to assail the adverse recommendations dated 05.12.2019 drawn in the meeting of the District Parole Advisory Committee, Pali whereby, the application for first parole filed on behalf of convict prisoner Hira Ram son of Bhima Ram has been rejected.

The District Parole Advisory Committee dismissed the parole application of the convict prisoner on the basis of adverse recommendations of Superintendent of Police, Pali wherein it was apprehended that the convict prisoner has recently been convicted by judgment dated 16.10.2019 and if he is released on parole, the possibility of breach of peace and unrest cannot be ruled out. 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 are of the opinion that maintaining law and order situation in the society is the duty of the State authorities and in case, any apprehension of breach thereof is felt by release of the prisoner on parole, appropriate preventive measures can always be taken. By merely citing this reason, they cannot shirk their responsibilities.

In this view of the matter, there is no justification for rejection of the petitioner's application for first parole. Accordingly, the instant parole writ petition is allowed. The impugned recommendations drawn by the District Parole Advisory Committee, Pali in its meeting dated 05.12.2019 are quashed and struck down qua the convict petitioner and it is ordered that the convict prisoner Hira Ram S/o Shri Bhima Ram Ji shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of Superintendent Central Jail, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the prison after availing the parole. The term of parole shall be computed from the date of his actual release.