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2019 DIGILAW 1400 (RAJ)

Jamal Khan v. State of Rajasthan

2019-05-08

SANDEEP MEHTA, VINIT KUMAR MATHUR

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JUDGMENT 1. The instant parole writ petition has been filed by petitioner Jamal Khan being the father of the convict Ayub seeking a direction for release of his son on first regular parole for a period of twenty days. 2. The District Parole Committee, Bhilwara rejected the parole application of the convict prisoner by order dated 07/03/2019 on the basis of adverse recommendations of Superintendent of Police, Ajmer wherein it was apprehended that if the convict is released on parole, the possibility of breach of peace and unrest cannot be ruled out as the complainant resides in the same locality in which the convict prisoners family is residing. It was further observed that convict prisoner Ayub is an habitual offender and, there is every possibility of his absconding, if released on parole. The Department of Social Justice and Welfare has also endorsed the same views as expressed by the Superintendent of Police, Ajmer. 3. The State Government has filed reply to the writ petition reiterating the same grounds on the basis of which the District Parole Committee rejected the case of the convict prisoner. 4. We have considered the submissions made at the bar and also taken note of the original record made available on behalf of learned AAG-cum GA with respect to the other cases pending against the convict prisoner. 5. The cases pending against the convict prisoner are of very trivial nature and, therefore, on that ground the convict prisoner cannot be denied the benefit of parole. 6. We are of the opinion that maintaining law and order situation in the society is the duty of the State authorities. By merely citing this reason, they cannot shirk their responsibilities. The apprehension that convict prisoner will abscond cannot be a ground for denial of release of convict prisoner on parole, if he is otherwise eligible to be released on parole as per the Rajasthan Prisoners Release on Parole Rules, 1958. Besides, there is no basis or material placed on record to show that if the convict prisoner is released on parole, he will abscond. 7. In this view of the matter, there is no justification for rejection of the convict prisoners application for first parole. Accordingly, the instant parole writ petition is allowed. Besides, there is no basis or material placed on record to show that if the convict prisoner is released on parole, he will abscond. 7. In this view of the matter, there is no justification for rejection of the convict prisoners application for first parole. Accordingly, the instant parole writ petition is allowed. The impugned recommendations drawn by the District Parole Advisory Committee in its meeting dated 07/03/2019 are quashed and struck down qua the convict prisoner and it is ordered that the convict prisoner Ayub S/o Jamal Khan shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs. 80,000/- with two sureties of Rs. 40,000/- each to the satisfaction of Superintendent Central, Jail, Ajmer on the usual terms and conditions. The Superintendent, Central Jail, Ajmer 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.