Meetha Lal vs State Of Rajasthan And Ors

This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the petitioner be released on 4th regular parole for

07 days.

Learned counsel for the petitioner submits that the petitioner was convicted by the trial court vide judgment dated 30.10.2006 for the offence under

Sections 302 and 149 IPC and sentenced to undergo life imprisonment. The petitioner was arrested in May, 2003 and since then he is in judicial

custody. He submits that the petitioner has served about 13 years 4 months of sentence without remission. The petitioner moved an application before

Superintendent, Central Jail, Bharatpur for releasing him on 4th regular parole for 07 days, who in turn placed his application before the District Parole

Advisory Committee, Karauli for consideration, but the same has been rejected vide order dated 14.7.2020 on the ground of adverse police report,

which is without any basis. He further submits that case for regular parole should be considered by the parole committee on the basis of the conduct

and behaviour of the convict-prisoner in jail and not on the basis of adverse police report. He further submits that in the police report, Superintendent

of Police, Karauli mentioned that for the period from 20.11.2013 to 29.12.2013 when the petitioner was released on 3rd parole, he did not surrender on

time and absconded. Subsequently on 26.6.2017, the petitioner was arrested with illegal weapon and case no. 143/2017 was registered him for the

offence under Section 3/25 of the Arms Act. In this regard, he has placed reliance on the order dated 1.12.2017 passed by the Division Bench of this

Court in D.B. Civil Writ Petition No. 19309/2017 titled Umar Mohammad Versus State of Rajasthan & Ors.; as also the order dated 28.11.2017

passed by the Division Bench of this Court in D.B. Civil Writ Petition No. 20095/2017 titled Govind Singh Versus State of Rajasthan & Ors. and

contended that in terms of Rule 18 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 if a convict jumps parole, that would not be an absolute

bar for granting him second, third or fourth parole. He further submits that jail conduct of the petitioner is satisfactory and even the Social Justice and

Empowerment Department has recommended to release the petitioner on parole. After registering the case no. 143/2017 on account of having the

illegal weapon, the petitioner is behind the bars for about 3 1/2 years. The period of 4th parole is otherwise 40 days, but on account of escaping from

parole and registration of case, it gets curtailed into 7 days. Hence, the petitioner is entitled to be granted 4th regular parole of 40 days.

In the reply, it is submitted that the petitioner is undergoing life imprisonment sentence for the offence under Section 302/149 IPC. Although the

Superintendent of Jail has reported that the conduct of the petitioner in jail is satisfactory, but due to escaping from 40 days' regular parole, did not

recommend parole to the petitioner. He submits that as the petitioner had earlier jumped from parole and illegal weapon was also recovered from him

during absconding from jail, the petitioner should not be granted 4th regular parole.

Heard learned counsel for the parties and carefully perused the record.

The purpose of parole is to facilitate family ties being maintained.

Needless to say that in case the petitioner engage himself in any untoward incident during 4th parole of 07 days, same can be withdrawn and the

petitioner can be called upon to serve his remaining sentence.

Considering the purpose of parole as also the period already suffered by the petitioner and more importantly in view of the orders passed by the

Coordinate Bench of this Court in the case of Umar Mohammad (supra) and Govind Singh (supra), we deem it just and proper to grant the petitioner

4th parole of 07 days.

Accordingly, the writ petition succeeds and is hereby allowed and the impugned order dated 17.7.2020 qua petitioner stands quashed and set aside.

We direct the concerned District Authority to release the convict-petitioner on 4th regular parole of 07 days, subject to his furnishing a personal bond

in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/-each to the satisfaction of the concerned District Magistrate with the stipulation that in

case during 4th regular parole of 07 days, the petitioner commits any undesirable activity, he can be called upon to serve his remaining sentence and at

the same time he shall also maintain peace and tranquility during the parole period and will abide by any other condition imposed by the authority

concerned.