Ramesh vs State And Ors

Heard.

Perused the material available on record.

The convict-petitioner Ramesh has filed the instant parole writ petition seeking to assail the adverse recommendation dated 05.12.2019 whereby his

first parole application was rejected.

On a perusal of the minutes of the District Parole Advisory Committee, it is clear that the convict was released on emergent parole in the month of

July 2019 for a period of fifteen days. The only reason assigned in the adverse recommendation for denying parole to the convict is that he had been

released on emergent parole just a few months back and if he is again released on parole, the Society is likely to be adversely affected.

In our opinion, this reasoning is absolutely absurd and tantamounts total non-application of mind by the authority concerned. There is no allegation that

the convict misused the liberty so granted to him when he was released on emergent parole. His entitlement of being released on first parole is not

disputed. Thus, we are of the firm opinion that the view taken by the Parole Advisory Committee while rejecting the parole application of the convict-

petitioner is perverse and fit to be deprecated.

Accordingly, the writ petition is allowed. The convict-petitioner Ramesh S/o Laxman Ram shall be released on first parole for 20 days upon furnishing

a personal bond in the sum of Rs.50,000/-and two sureties in the sum of Rs.25,000/- each to the satisfaction of the Superintendent, Central Jail,

Jodhpur. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose any other condition while releasing the convict on parole.