Research › Search › Judgment

Rajasthan High Court · body

2003 DIGILAW 700 (RAJ)

Harphool @ Phoola v. State of Rajasthan

2003-05-08

KHEM CHAND SHARMA, SHIV KUMAR SHARMA

body2003
JUDGMENT 1. - By this writ petition the petitioner has prayed to release him on parole for a period of 20 days under the provisions contained in Rule 9 of Rajasthan Prisoners Release on Parole Rules, 1958 (for short 1958 Rules'). 2. The petitioner was convicted for the offences under Sections 363 and 376 IPC and sentenced to suffer Rigorous Imprisonment for 10 years. It appears that the petitioner submitted application under Rule 9 of 1958 Rules before District Parole Advisory Committee, but the said application was dismissed vide order dated July 19, 2002. 3. The respondents submitted reply to the writ petition. 4. We have pondered over rival submissions and scrutinised the material on record. 5. In the reply the respondents have admitted that the behaviour of the petitioner in jail is good and Social Welfare Department did not give any adverse report against him. Even the Social Welfare Department recommended the case of petitioner for releasing him on parole: It is the case of the respondents that because of the adverse police report of the police, the petitioner's application was rejected by the Committee. 6. In the scheme of 1958 Rules, the District Parole Advisory Committee has been bestowed with the onerous duty of releasing the prisoners on parole and this duty has to be exercised in a rational and objective manner on the touch stone of reformative theory of punishment. The application of prisoner for his release on parole cannot be refused only on ipse dixit police report against him. 7. As already noticed by us that the Social Welfare Department recommended the case of petitioner for releasing him on parole and the behaviour of petitioner in jail is good. We are inclined to release him on parole under Rule 9 of 1958 Rules. 8. Resultantly, the writ petition stands allowed and the respondents are directed to release the petitioner on parole for a period of 20 days under Rule 9 of 1958 Rules, provided on such conditions as may be deemed fit by the Superintendent Central Jail, Jaipur. 9. A copy of this order be remitted to Superintendent Central Jail, Jaipur.Writ Petition Allowed. *******