Rajni Khatun vs State Of Rajasthan And Ors

The instant parole writ petition has been preferred on behalf of Smt. Rajni Khatun wife of convict-Asgar Ali, who is presently lodged in Central Jail, Bikaner, against the order dated 22.01.2019 passed by the District Parole Advisory Committee, Sri Ganganagar (hereinafter to be referred as 'the Committee'), whereby the application filed by convict - Asgar Ali for releasing him on 15 days' parole was rejected by the Committee.

The reason assigned by the Committee for rejecting the application of convict - Asgar Ali for releasing him on 15 days' parole is that earlier he was released on 30 days' parole in 2007, however, he remained abscond up to 2014, and the possibility cannot be ruled out that if he is released on parole, he would again abscond, therefore, it is not advisable to release him on parole.

Learned counsel for the petitioner has submitted that after the said incident, convict - Asgar Ali was granted benefit of parole by the Division Bench of this Court vide order dated 30.10.2017 passed in D.B. Civil Writ Petition No.12209/2017 and pursuant to that convict - Asgar Ali surrendered himself before the jail authority after the expiry of the said parole period. Learned counsel for the petitioner has submitted that since the convict - Asgar Ali has already been granted benefit of parole in the year 2017, he is entitled to be granted benefit of 15 days' parole.

Learned Government Advocate appearing for respondent State is not in a position to dispute the fact that in the year 2017, convict - Asgar Ali was granted benefit of 7 days' parole by the Division Bench of this Court vide order dated 30.10.2017 and he has successfully completed the said period.

In view of the above fact, we are of the opinion that the Committee has illegally rejected the application of convict-Asgar Ali to release him on parole for 15 days vide order dated 22.01.2019 and we deem it just and appropriate to grant 15 days' parole to convict-Asgar Ali.

Accordingly, the order dated 22.012019 passed by the Committee is set aside and this parole writ petition is allowed. It is hereby directed that the convict - Asgar Ali S/o Kasam Khan, who is presently lodged in Central Jail, Bikaner, shall be released on parole for a period of 15 days on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the Superintendent, Central Jail, Bikaner. Convict-Asgar Ali S/o Kasam Khan shall surrender himself before the Superintendent, Central Jail, Bikaner after availing 15 days' parole from the date of his release.