Kailash Kumar vs State And Ors

The convict-petitioner has preferred the instant parole writ petition seeking a direction for his release on first parole of twenty days.

The convict-petitioner’s parole application was rejected by the District Parole Advisory Committee, Pali vide order dated 09.01.2020 based on the

recommendation dated 23.12.2019 on the ground that the convict has committed offence of murdering his own brother and if he is released on parole,

the society will be adversely effected. The apprehension regarding the victim party being traumatized by the convict-petitioner and the possibility of

breach of peace and unrest, if released on parole were also mentioned as the grounds to deny parole to the convict petitioner.

We find that the reasons assigned in the order impugned dated 09.01.2020 for denying parole to the petitioner are absolutely mechanical, 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 convict-petitioner, can very well be taken care of by requiring the convict to submit sound

and solvent sureties and imposing appropriate conditions.

In this background, we are inclined to accept the instant parole writ petition which is hereby allowed. It is ordered that the convict Kailash Kumar S/o

Shri Mana Ji shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of Superintendent Central, Jail, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail,

Jodhupr 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.