Smt Badli Devi Spouse vs State And Ors

Heard and perused the material available on record.

The convict Kailash being the son of the present petitioner was granted first parole of twenty days vide order dated 27.06.2016. He was released from Jail on 30.06.2016 and was to surrender back on 19.07.2016. However, the convict absconded and could be re-arrested as late as on 16.04.2017. Thereafter, he moved an application under Rule 18(2) of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958') praying for grant of seven days' parole in reference to the rule. The said application has been rejected by the District Parole Advisory Committee, Banswara by its recommendations dated 20.02.2019.

A perusal of the report of Assistant Director, Social Welfare Department, Banswara reveals that the convict has suffered imprisonment of more than eight years as on date. His family condition is very poor. No apprehension is expressed regarding any breach of peace etc in the society, if the convict is released on parole. However, the parole application has been opposed on the ground that the convict absconded after grant of fist parole of twenty days.

Rule 18(2) of the Rules of 1958 deals with the very situation where the convict breaches the condition of parole, his next scheduled parole application will be considered for release of seven days only as opposed to of thirty days (regular second parole) which the convict could have claimed if he had not breached the condition of first parole order. In this background, we feel that there is no justification for denial of parole of seven days to the convict to which he is entitled in view of Rule 18(2) of the Rules of 1958.

Accordingly, the instant parole writ petition is allowed. The impugned recommendations dated 20.02.2019 are quashed and struck down qua the convict Kailash S/o Late Shri Kanji and it is ordered that the convict prisoner Kailash S/o Late Shri Kanji shall be released on parole of seven 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, 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.