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2020 DIGILAW 485 (RAJ)

Chutraram v. State

2020-03-06

SANDEEP MEHTA

body2020
JUDGMENT Sandeep Mehta, J. - The convict-petitioner has forwarded the instant parole writ petition from Jail seeking a direction for his release on first parole of twenty days. 2. The convict-petitioner's parole application was rejected by the District Parole Advisory Committee, Barmer vide order dated 31.10.2019 based on the adverse police recommendation dated 17.06.2019 assigning a reason that if the convict petitioner is released on parole, convict and victim are likely to face risk of their respective lives at the hands of each other because animosity still prevails between them. 3. I find that the reason assigned in the order impugned dated 31.10.2019 for denying the parole to the petitioner is absolutely vague and extraneous and is not based on justifiable grounds so as to deny parole to the convict petitioner. I am of the opinion that maintaining law and order situation in the society is the duty of the State authorities and in case, any apprehension of breach thereof is felt by release of the prisoner on parole, appropriate preventive measures can always be taken. By merely citing this reason, they cannot shirk their responsibilities. 4. In this background, I am inclined to accept the instant parole writ petition which is hereby allowed . It is ordered that the convict Chutraram S/o Sh. Hanumanram shall be released on first parole of twenty 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, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhupr 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.