1 D.B. Civil Writ Petition(Parole) No. 15431/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER D. B. Civil Writ Petition(Parole) No. 15431/2010 Rakesh Vs. The State of Rajasthan & Others. Date of Order: 21.12.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Dr. Mrs. Meena V. Gomber,J. Mr. Anshuman Saxena, for the petitioner. Ms. Rekha Madnani, Additional Government Advocate, for the respondents. Heard learned counsel for the parties. 2. Admit. 3. At the request of parties, writ petition was heard and is being disposed off finally. 4. Convict-petitioner has preferred this parole writ petition for grant of first parole of 20 days under provisions of Rajasthan Prisoners Release on Parole Rules, 1958(hereinafter referred to as 'the Rules of 1958'). 5. Submission of learned counsel for the petitioner is that the petitioner has already completed one-fourth of his sentence of 2 D.B. Civil Writ Petition(Parole) No. 15431/2010 imprisonment and his conduct during jail custody was also satisfactory, but District Parole Advisory Committee has rejected his application on the basis of adverse reports of Superintendent of Police as well as Social Welfare Department, which are based on no evidence, therefore, impugned order passed by District Parole Advisory Committee qua the petitioner may be set aside and the petitioner may be released on first parole of 20 days. 6. Respondents have filed their reply wherein it is stated that parole application of petitioner was rejected on the basis of adverse reports of Superintendent of Police as well as Social Welfare Department, therefore, this parole writ petition may be dismissed. 7. We have considered the submissions of learned counsel for the parties. 8. There is no doubt between the parties that conduct of the petitioner during jail custody was satisfactory and he has also completed one-fourth of his sentence of imprisonment, as required under Rule 9 of the 3 D.B. Civil Writ Petition(Parole) No. 15431/2010 Rules of 1958. Although respondents in their reply have stated that there are adverse reports of Superintendent of Police as well as Social Welfare Department, but no documentary evidence in support of those reports has been placed on record, on the other hand, the petitioner has filed a certificate dated 12.10.2010 issued by Chairman, Municipality, Fatehpur-Shekhawati, District Sikar, recommending the case of the petitioner for grant of parole. 9. After considering all the facts and circumstances of the case, particularly that conduct of the petitioner during jail custody was satisfactory, we are inclined to allow this writ petition and grant first parole of 20 days to the petitioner. 10. Consequently, parole writ petition is allowed and it is directed that convict- petitioner Rakesh S/o. Shri Kurdaram be released on first parole of 20 days on his furnishing a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousands) with one surety in the like amount to the satisfaction of concerned Jail 4 D.B. Civil Writ Petition(Parole) No. 15431/2010 Superintendent. It will be open for the concerned Jail Superintendent to put any other condition as per rules to secure presence of the petitioner. 11. A copy of this order be sent for information and necessary action to the petitioner as well as concerned Jail Superintendent. (Meena V. Gomber),J. (Narendra Kumar Jain),J. Manoj Item No.S.5.