Sanju Singh vs State of Rajasthan and Others

Narendra Kumar Jain, J.—Heard the learned Counsel for the parties.

Convict-Petitioner Sanju Singh has preferred this parole writ petition for grant of first parole of 20 days under the provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (for short ''the Rules of 1958'').

Submission of the learned Counsel for Petitioner is that Petitioner has already completed 1/4th of his sentence of imprisonment and his conduct during jail custody is satisfactory, but only on the basis of adverse report of the concerned Superintendent of Police, the District Parole. Advisory Committee has rejected his application, therefore, he has preferred this writ petition challenging the order of District Parole Advisory Committee and to issue necessary direction to release the Petitioner on first parole of 20 days.

A notice to show cause was given and in response thereto, the Respondents have filed their reply, wherein it has been admitted that Petitioner has completed 1/4th of his sentence and his conduct in jail custody is satisfactory. His submission is that application of Petitioner was rejected only on the basis of adverse report.

I have considered the submissions of the learned Counsel for the parties and examined the impugned order and other documents placed on record by the parties.

There is no dispute that Petitioner is eligible to be released on first parole of 20 days. The Superintendent of Police, in his report, has observed that there may be apprehension of danger to victim, in case Petitioner is released on parole, however, there is no supporting evidence in support of adverse report of Superintendent of Police. The Superintendent, Central Jail, Jaipur as well as Welfare Officer, both, have recommended the case of Petitioner for grant of parole.

After considering all the facts and circumstances of the case, I am of the view that this is a fit case wherein a direction can be given in favour of Petitioner to release him on first parole of 20 days.

Consequently, the writ petition is allowed. Impugned order dated 25.04.2011 (Annexure-A) passed by the District Parole Advisory Committee, qua Petitioner, is set aside and it is directed that convict- Petitioner Sanju Singh S/o Hanuman Singh be released on first parole of 20 days on his furnishing a personal bond in the sum of Rs. 25,000/-(Rs. Twenty five thousand) with one surety in the like amount to the satisfaction of the concerned Jail Superintendent. It will be open for the concerned Jail Superintendent to put any other condition, as per rules, to secure the presence of Petitioner.

A copy of this order be sent for information and necessary action to the convict-Petitioner as well as concerned Jail Superintendent