JUDGMENT The convict-petitioner Mohammad Husain @ Chhota S/o Shri Rahisuddin has preferred instant petition u/R.9 of the Rajasthan Prisoners Release on Parole Rules, 1958 for grant of first regular parole of 20 days. The petitioner on being convicted for offence u/S.147, 148, 149, 323, 336 & 302 IPC in Sessions Case No.18/2007 by the ld.Judge, Special Court (Fake Currency Cases), Jaipur City, Jaipur vide judgment dt.28.01.2009, is serving life sentence in Central Jail, Jaipur and the Criminal Appeal which he preferred against judgment of conviction & sentence awarded by the learned trial Judge is pending in this Court. Counsel for petitioner submits that the petitioner being eligible for seeking first regular parole of 20 days submitted application u/R.9 of the Rules, 1958 and the Social Welfare Department has recommended his case for grant of first regular parole and jail conduct of the petitioner is also satisfactory, however, the police, as a routine, gave adverse report and no tangible evidence is placed on record in support thereof. After considering the submissions made by counsel for the parties and the fact that conduct of convict-petitioner in jail is satisfactory which is the pre-condition contemplated u/R.9 of the Rules, 1958 and in the facts & circumstances, we consider it appropriate to grant the convict-petitioner the benefit of first regular parole to which he is entitled for under the Scheme of Rules, 1958. Consequently, the instant writ petition stands allowed and recommendations of the committee in its meeting held on 03.12.2013, communicated vide order dt.10.12.2013, qua the petitioner stands quashed. The Superintendent, Central Jail, Jaipur is directed to release the petitioner (Mohammad Husain @ Chhota S/o Shri Rahisuddin) on first regular parole, if not availed of, for 20 days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.25,000/-to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Jaipur on expiry of 20 days (supra) to be notified by jail authority and shall maintain peace & tranquility during parole period and in addition to it he shall further report during parole on each Sunday at 11:00 AM at concerned police station and that report be furnished to the Superintendent, Central Jail, Jaipur.
In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. A copy of this order be sent to the petitioner through jail authority for compliance. No costs.