1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 570 of 2009 SANJAY @ GAPHUDIYA V/S STATE OF RAJ. BY POST Mr. KR BISHNOI, PP, for the respondent Date of Order : 20.3.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI C M TOTLA,J. ORDER ----- Heard learned Public Prosecutor. First prayer of the parole of the prisoner was rejected on 27.3.2008, and it was again considered on 27.5.2008, and was not granted parole. Then, the matter was brought to this Court vide D.B.Parole No. 4846/2008 wherein it was noticed that within a period of 3 months, the Superintendent Central Jail has given contradictory opinions about the conduct of the convict in jail. Therefore, order was set aside, and the matter was directed to be considered afresh. This was vide order dt. 7.8.2008. Again it has been rejected vide order dt. 29.12.2008 on the ground that the Supdt. Jail has reported his conduct to be good. Assistant Director, Social Welfare Department has also reported the conduct to be satisfactory but the Dist. Superintendent of Police has not agreed for the parole. 2 Therefore, the parole committee has rejected the request. A look at the report of the S.P., and the Asistant Director, Social Welfare Department together shows that the Welfare Department has reported on the basis that the prisoner had earlier enjoyed three emergency paroles peacefully, while the Supdt. of Police has not given any reasons whatever, and has simply stated that it would not be proper to grant parole to the prisoner. In our view, all that it appears is that the matter has been handled very casually by the concerned authority instead of considering the matter in the light of the order dt. 7.8.2008 in its true letter, and spirit. Accordingly, the application is allowed, and the accused Sanjay @ Gafuria s/o Dhulia, r/o New Abadi, Dist. Banswara be released on parole for 20 days on his submitting personal bond of Rs.30,000/- and two sureties of Rs.15,000/- each and on other just and appropriate conditions determined by the Superintendent, Central Jail, Udaipur to his own satisfaction. However, the latest colour photograph of accused and sureties shall also be taken. The Superintendent, Central Jail, Udaipur will also give a date for surrender. ( C M TOTLA ),J. ( N P GUPTA ),J.