Indraj vs State of Rajasthan and Others

Narendra Kumar Jain, J.—At the request of parties, arguments were heard and the writ petition is being disposed off finally.

Convict-Petitioner Indraj has preferred this parole writ petition for grant of first parole of 20 days under the provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (for short ''the Rules of 1958'').

A notice to show cause was given to Respondents and in response thereto, they have filed reply to writ petition.

I have considered the submissions of the learned Counsel for the parties and examined the impugned order dated 13.06.2011 passed by the District Parole Advisory Committee, whereby application of Petitioner was rejected, and other documents placed on record by the parties.

There is no dispute that Petitioner has already completed 1/4th of his sentence and his conduct in jail is satisfactory. This fact is proved from the nominal roll of Petitioner, annexed by Respondents as Annexure-R/1 with their reply. Application of Petitioner was rejected only on the ground of adverse report of concerned Superintendent of Police. From the impugned order, it is clear that there is no basis of adverse report given by the Superintendent of Police.

After considering all the facts and circumstances of the case, I am inclined to allow this writ petition and the same is hereby allowed and it is directed that convict-Petitioner Indraj S/o Dhanna Lal be released on first parole of 20 days on his furnishing a personal bond in the sum of Rs. 25,000/-(Rs. Twenty five thousand) with one surety in the like amount to the satisfaction of the concerned Jail Superintendent. It will be open for the concerned Jail Superintendent to put any other condition, as per rules, to secure the presence of Petitioner.

A copy of this order be sent for information and necessary action to the convict-Petitioner as well as concerned Jail Superintendent.