Pradeep vs State And Ors

The convict-petitioner has forwarded the instant parole writ petition from Jail 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 11.09.2019 based on the

recommendation dated 28.08.2019 on the ground that the house of the victim is situated opposite to the house of the convict and the convict himself is

likely to face risk of his life, if released on parole, because animosity still prevails between him and the complainant party. The apprehension regarding

the victim party being traumatized by the convict-petitioner, if released on parole was also mentioned as one of the ground to deny parole to the

convict petitioner.

I find that the reasons assigned in the order impugned dated 11.09.2019 for denying the parole to the petitioner are absolutely vague and extraneous

and are not based on justifiable grounds so as to deny parole to the convict petitioner. I 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, I am inclined to accept the instant parole writ petition which is hereby allowed. It is ordered that the convict Pradeep S/o Shri

Gopal 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. An additional condition is imposed upon the

petitioner that he shall furnish an undertaking that he shall not try to contact or threaten the victim in any manner after he is released on parole. If any

complaint in this regard is received, the petitioner shall be deprived of opportunity to avail parole in future. 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.