Mahendra Kumar vs State and Others

Convict Petitioner has sought first regular parole for a period of 20 days under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (to be referred hereinafter as the Parole Rules).

Reply to the petition has been filed.

The District Advisory Committee has rejected the prayer made by Petitioner for grant of parole on the basis of adverse police report.

It is the contention of the learned Counsel for the Petitioner that only apprehension has been shown by the Superintendent concerned that by granting parole to the accused, it may cause breach of peace. According to learned Counsel, apprehension is without any basis.

On the other hand, learned Government Advocate has opposed the submissions made by the learned Counsel for the Petitioner.

Perusal of petition and reply thereof shows that Jail Superintendent has found the conduct and behaviour of the convict-Petitioner satisfactory. The Social Welfare Officer has also recommended the case of the Petitioner. Therefore, in the absence of any convincing reason to reject the prayer made by the convict-Petitioner, we deem it proper to grant him parole.

In view of above, the writ petition is allowed and it is hereby directed that the convict Petitioner Mahendra Kumar, S/o Shri Babu Lal shall be released on first regular parole for a period of 20 days on usual terms and conditions to be determined by the Superintendent, Central Jail, Jaipur with a further undertaking to the effect that convict Petitioner shall surrender before him immediately after completion of period of parole.

The writ petition stands disposed of. A copy of this order be sent to the convict Petitioner through Superintendent, Central Jail, Jaipur.