Puran Singh vs State, Through Secretary, Home Jaipur And Ors

The petitioner has filed the instant parole writ petition seeking to assail the adverse recommendations dated 16.10.2019 drawn in the meeting of the District Parole Advisory Committee, Rajsamand whereby the application for first parole filed on behalf of convict prisoner Puran Singh S/o Shri Prithvi Singh has been rejected.

The District Parole Advisory Committee dismissed the parole application of the convict prisoner on the basis of adverse recommendations of Superintendent of Police, Ramsamand wherein it was apprehended that if the convict is released on parole, the possibility of breach of peace and unrest cannot be ruled out. 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.

We are of the opinion that maintaining law and order situation in the society is the duty of the State authorities and in case, any apprehension of breach thereof is felt by release of the prisoner on parole, appropriate preventive measures can always be taken. By merely citing this reason, they cannot shirk their responsibilities.

In this view of the matter, there is no justification for rejection of the petitioner's application for first parole. Accordingly, the instant parole writ petition is allowed. The impugned recommendations drawn by the District Parole Advisory Committee in its meeting dated 16.10.2019 are quashed and struck down qua the convict petitioner and it is ordered that the convict prisoner Puran Singh S/o Shri Prithvi Singh shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of Superintendent Central, Jail, Udaipur on the usual terms and conditions. The Superintendent, Central Jail, Udaipur 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.