[1] DBCWP 3707/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R D.B. CIVIL WRIT PETITION (PAROLE) NO. 3707/2009 JASKARAN Vs. THE STATE OF RAJASTHAN & ORS. Date: 17/04/2009 HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. Anshuman Saxena, Advocate for the petitioner. Mr. Rajendra Yadav, Dy. Govt. Counsel for the State. *** By way of this writ petition the petitioner is seeking third regular parole of 40 days, which has been declined by the District Parole Committee vide order impugned dated 05.03.2009 only on the ground of adverse police report. The petitioner along with other co-accused was convicted under Sections 302/149, 326/149, 325/149, 324/149, 323/149 and 148 IPC by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur vide judgment dated 10.01.2002 delivered in Sessions Case No. 7/2001 (75/2000) and was sentenced to life imprisonment and presently he is undergoing sentence in Central, Jail, Bharatpur. Learned counsel for the petitioner submits that the petitioner has completed the sentence of more than 8 years and 6 months in jail. Earlier he was granted first and second parole and during the parole period he did not misuse the liberty of [2] DBCWP 3707/2009 parole granted to him. It is further submitted that during first and second parole, the conduct and behaviour of the petitioner was good and there was no complaint against him. We have heard learned counsel for the petitioner, learned Deputy Govt. Counsel appearing for the State and carefully gone through the order impugned dated 05.03.2009 passed by the District Parole Committee. Upon perusal of the reply filed by the State, it appears that the petitioner has completed the requisite period of sentence in jail for consideration to release him on third parole of 40 days. On earlier two occasions, the convict- petitioner had surrendered himself before the jail authorities on completion of first and second parole and there was no complaint against him during the parole period. We have also perused the order dated 05.03.2009, which reveals that the Parole Committee has rejected the petitioner's application for third parole only on the ground of adverse police report, whereas the Social Welfare Department has recommended the case of the petitioner. The reasons for refusing parole are not satisfactory and there does not appear any material to refuse third parole sought by the petitioner. In view of above, we deem it proper to allow the present writ petition. [3] DBCWP 3707/2009 In the result, the writ petition is allowed and it is ordered that convict-petitioner Jaskaran S/o Shri Harpal shall be released on third parole for a period of 40 days on furnishing proper bail bonds to the satisfaction of the Superintendent, Central Jail, Bharatpur on usual terms and conditions as determined by him. The Superintendent of Jail shall also fix a date for surrender of the convict-petitioner before the jail authorities. (BHANWAROO KHAN), J. (K.S. RATHORE), J. /KKC/