1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Writ Petition (Parole) No.11338 of 2009. Keshav Dev son of Shri Ramesh Chand VERSUS State of Rajasthan & Others Date of Order :::: 03/11/2009 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 preferred by the prisoner- petitioner Keshav Dev son of Shri Ramesh Chand praying therein for being released on first regular parole for 20- days. The Advisory Committee, which met on 27.08.2009 considered the case of the petitioner and after taking into consideration the report of the Superintendent of Police concerned, nominal roll from the Jail as well as report of the Social Welfare Officer, has rejected the application submitted by the petitioner. 2 As per the order passed by the Advisory Committee and nominal roll, the petitioner is eligible under Rule 9 of the Rules of 1958 for grant of first regular parole for 20-days. His conduct in the Jail has also been found to be satisfactory. The Social Welfare Officer in his report has recommended the case of the petitioner favourably for being released on parole. However, we find from the order that during the course of discussion the Social Welfare Officer opined otherwise. The Superintendent of Police concerned also had given an adverse report, so far as the release of the petitioner is concerned. As per the report of the Superintendent of Police the victim's family as well as petitioner's family have strained relations and there was a possibility of some untowards incident taking place. We have perused the reply submitted by the respondents and we find that the family of the petitioner origionally used to reside at Village Gadhmora, Police Station Masalpur, District Karauli, but have since moved from there, and for the last about seven-years are residing in Dholpur, whereas the family of the victim still resides at Village Halupura in Police Station Masalpur, District Karauli. 3 The petitioner has submitted an application for seeking first regular parole for 20-days for the purpose of the marriage of his sister. The sister, along with the mother is residing in Dholpur. In that view of the matter, since the family of the victim and the family of petitioner are living apart in District Karauli and in Dholpur, we find that the reasons given by the Advisory Committee cannot be justified. From the reply, we do not find any adverse reason given by the Social Welfare Officer, as recorded in the minutes of the Advisory Committee. Along with reply the letter of the Social Welfare Officer has been annexed (dated 26.05.2009), wherein a recommendation in favour of the petitioner has been given. Consequently, we allow this writ petition, directing the Superintendent, Central Jail, Bharatpur to immediately release the petitioner Keshav Dev son of Shri Ramesh Chand, by caste Goswami, resident of Charan Colony, Rajakhera Bye-pass Road, Dholpur, District Dholpur (presently confined in Central Jail, Bharatpur) on first regular parole for a period of 20-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 4 Superintendent, Central Jail, Bharatpur, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Bharatpur 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/