IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R. D.B. Civil Writ Petition (Parole) No.12513 of 2009 Puran Mal son of Shri Prahlad. VERSUS State of Rajasthan and Others Date of Order :::: 14/10/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice K.S. Chaudhari Mr. Lakhan Singh Tomar, Counsel for the Petitioner. Mrs. Rekha Madnani, Dy. Govt. Counsel for the State. *** By the Court : Heard learned counsel for the parties. This petition has been filed by the petitioner- prisoner, after he had earlier withdrawn D.B. Civil Writ Petition (Parole) bearing No.8568 of 2009, which was permitted to be withdrawn by this Court vide order dated 30.09.2009, as there was a typographical error in the said petition, more particularly with reference to the prayer clause, where despite the fact that the petitioner had applied for second regular parole, he had only prayed for being released on first regular parole for 20-days. Realizing the aforesaid, the learned counsel, sought leave of this Court to withdraw the petition, with liberty to file a fresh petition. After such leave was granted the petitioner has filed the present writ petition. The notice of this petition was given to the learned counsel for the respondents and they have chosen to rely upon the reply filed in the earlier Writ Petition bearing No.8568/2009. The file of D.B. Civil Writ Petition bearing No.8568 of 2009, along with reply and the documents submitted by the petitioner has been tagged with this file. Learned counsel for the respondents has relied upon the same reply, which was filed earlier. It is not in dispute that the petitioner had applied for second regular parole for 30-days, which has been refused to the petitioner vide its order dated 24.06.009 (Annexure-1). While considering the case of the petitioner, the Advisory Committee refused the parole application on the ground that the Superintendent of Police, Alwar had not recommended the case of the petitioner on the ground of law and order. From the reply, we find that so far as the Social Welfare Officer is concerned, the report dated 19.05.2009 is in favour of the petitioner for being released on parole. It has also been taken into account that the petitioner had earlier been released on first regular parole for 20-days and during the aforesaid period the conduct of the petitioner was found to be satisfactorily and no untoward incident was reported. So far as the opinion expressed by the residents of the Village Sarpanch, Upsarpanch and other Villagers in their written-statements given to the Social Welfare Officers had expressed that their willingness and consent to the petitioner being released on parole. Accordingly, the Social Welfare Officer has given a favourable report. The only reason given in the report of the Superintendent of Police dated 03.03.2009 for refusing the second regular parole to the petitioner is that both the family of the convict-petitioner and all the respondents are residents of the same Village and as such there is a possibility of some untowards incident taking place. From the report of the Superintendent of Police, we find that the Superintendent of Police has failed to take into account the fact that the petitioner had earlier been granted first regular parole and no such untowards incident, which is being apprehended by the Police had occurred during the aforesaid period and also the fact that nothing adverse was reported against the petitioner. Keeping in view the principles laid down by this Court in the case of Pappu Khan Vs. State of Rajasthan and Others, reported in W.L.C. (Raj.) 2006 (1) Page 31 that parole should not be denied on mere ipse-dixit report of the Police without any foundation for refusal of the same, we deem it just and proper to grant the benefit of the second regular parole to the petitioner for 30-days. Consequently, we allow this writ petition and direct the Superintendent, District Jail, Alwar to immediately release the petitioner namely, Puran Mal son of Shri Prahlad, by caste Gurjar, resident of Dhankla, Police Station Bansoor, District Alwar (presently confined in District Jail, Alwar) on second regular parole for a period of 30-days, which shall commence from the date of his release, upon furnishing his surety for a sum of Rs.50,000/- (Rupees fifty thousand only), along with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, District Jail, Alwar, on usual terms and conditions, as determined by him. The Superintendent, District Jail, Alwar shall also fix a date for his surrender before the jail authorities. The writ petition stands allowed with the aforesaid directions. (K.S. Chaudhari) J (Dalip Singh) J. ashok/