DBCW [PAROLE] 12070/10 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Civil Writ Petition [Parole] No.12070/2010 Sultan Khan Versus State & Ors. DATE OF ORDER : 01/10/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. Anshuman Saxena, for the petitioner Mr. J.R. Bijarnia, Addl.G.A., for the respondents *** This petition has been filed by the petitioner, who is lodged in the Central Jail, Kota, for release on second regular parole for 30 days on account of rejection of his application by the District Advisory Committee which met on 07/07/2010. As per the order [Annexure-1] passed by the District Advisory Committee, the conduct of the petitioner in jail as mentioned in the nominal roll by the Superintendent, Central Jail, Kota, is reported to be satisfactory. Even the Probationer and Social Welfare Officer have recommended the case of the petitioner for being released on second regular parole. However, the Superintendent of Police has not given the favourable report in favour of the petitioner for his release stating that there are chances of his absconding. DBCW [PAROLE] 12070/10 [2] It has not been disputed that the petitioner had earlier been allowed the benefit of first regular parole under the Rules, 1958 for 20 days for the period from 24/02/2009 to 15/03/2009 and he has surrendered before the jail authorities at the appropriate time. In the facts and circumstances of the present case, we find that the reason given by the Superintendent of Police in the facts and circumstances, cannot be sustained. Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Kota to immediately release the petitioner namely; Sultan Khan S/o Shri Dhunde Khan on second regular parole for a period of 30 days, which shall commence from the date of his release, upon furnishing personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Kota on usual terms and conditions and as per rules. The Superintendent, Central Jail, Kota shall also fix the date for surrender of the accused-petitioner. [S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA12070DBCW2010 1-10.doc