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2012 DIGILAW 1625 (RAJ)

Bashir Khan v. State of Rajasthan

2012-07-25

GOVIND MATHUR, R.S.CHAUHAN

body2012
JUDGMENT 1. - A letter has been sent by Bashir Khan, a convicted prisoner who is serving his sentence at Central Jail Udaipur. The letter has been treated as letter petition by this Court. 2. The petitioner has claimed that he has been denied his first parole of twenty days illegally. Therefore, he has prayed for release on his first parole of twenty days under the Rajasthan Prisoners (Release on Parole) Rules of 1958. 3. The respondents have filed their reply. According to the reply, the petitioner's case was referred to the District Parole Committee Pratapgarh. However, by order dated 7.5.2012, the Committee has rejected the petitioner's case ostensibly on the ground that the Superintendent of Police, Pratapgarh and the Social Welfare Officer, Pratapgarh have submitted adverse reports against him. 4. According to the reports submitted by the S.P., Pratapgarh and Social Welfare Officer, Pratapgarh, there is a possibility of law and order problem, in case the petitioner were to be released on his first parole. However, the said reports are absolutely mechanical in nature. In catena of cases, the Hon'ble Supreme Court and this Court have held that such mechanical reports should not be accepted ipsi dixit by the parole committee. However, in the present case, the Committee has accepted the reports without considering the fact that according to the report of the Superintendent, Central Jail Udaipur, the conduct of the petitioner was satisfactory.Hence, this Court quashes and sets aside the order dated 7.5.2012 qua the petitioner and directs the respondents to release the petitioner, Bashir Khan S/o Shri Abdul Gaffar Khan, resident of P.C. Choti Sadri, Choti Sadri, on his first parole of twenty days, provided he submits a personal bond of Rs. 30,000/- (Thirty Thousand Rupees) with two sureties of the same amount to the satisfaction of the Superintendent, Central Jail, Udaipur. The petitioner is directed to maintain peace and tranquility during his furlough and to report back to the Central Jail, Udaipur on the 20t day of his parole.The petition is hereby, allowed.Petition allowed. *******