Manoj vs State of Rajasthan and Others

Narendra Kumar Jain-I, J.—Heard learned Counsel for the parties.

Convict-Petitioner has preferred this writ petition for grant of first parole of 20 days.

Respondents in their reply have admitted that conduct of the Petitioner during jail custody was satisfactory, but his application was rejected on the basis of Adverse Report of concerned Superintendent of Police.

I have considered submissions of learned Counsel for the parties.

District Parole Advisory Committee in its meeting dated 13.01.2011 considered the application of the Petitioner at Item No. 17 and rejected the same only on the basis of Adverse Report of the concerned Superintendent of Police. There is no dispute that conduct of the Petitioner during jail custody was satisfactory. District Social Welfare Officer has also recommended the case of the Petitioner for grant of first parole. No documentary evidence has been placed on record to substantiate the Adverse Report of concerned Superintendent of Police.

After considering all the facts and circumstances of the case, I am of the view that this is a fit case wherein the Petitioner is entitled to be released on first parole of 20 days.

Consequently, parole writ petition is allowed. Impugned order dated 13.01.2011 qua the Petitioner is set aside and it is directed that convict-Petitioner namely Manoj S/o. Shri Hotram Singh be released on first parole of 20 days on his furnishing a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousands) 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 the Petitioner.

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