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2021 DIGILAW 1303 (RAJ)

Aasuram v. State Of Rajasthan

2021-08-04

MANOJ KUMAR GARG, SANDEEP MEHTA

body2021
JUDGMENT 1. The convict-petitioner has forwarded this letter petition from jail seeking to assail the order dated 17.05.2021 passed by District Parole Advisory Committee, Barmer whereby his prayer for releasing him on first parole of twenty days has been rejected. 2. The Committee denied release of the convict-petitioner on first parole on the ground that as per the report of the Superintendent of Police, Barmer, there is an apprehension of the convict absconding in case he is released on parole. In the said report, it is also mentioned that only for the purpose of re-integration into the society, the convict-petitioner has prayed for his release on first parole and that there is no concrete reason for releasing him on parole. On the contrary, the Social Welfare Department as well as the Superintendent, Central Jail, Jodhpur have recommended for his release on parole. 3. We find that the reasons assigned for denying parole to the convict-petitioner are absolutely mechanical, vague and perfunctory and are not based on justifiable grounds so as to deny parole to the convict petitioner. Suffice it to say that the Parole Rules have been promulgated to provide the convicts a window of visiting their families and so that they can be re-integrated into the social fabric. Further, the apprehension that the petitioner will abscond, in case of release on parole, can be very well taken care of by requiring him to furnish heavy bail and bonds. 4. In this background, we are inclined to accept the instant parole writ petition which is hereby allowed. The order dated 17.05.2021 passed by the District Parole Advisory Committee, Barmer is quashed and struck down qua the convict petitioner and it is ordered that the convict Aasuram S/o Modaram, shall be released on first parole of twenty days upon his furnishing a personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/- each (duly verified by the Tehsildar concerned) to the satisfaction of Superintendent Central Jail, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur 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.