-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.4769 of 2010. Poor Singh son of Shri Devi Singh Ji VERSUS The State of Rajasthan Date of Order :::: 20/05/2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice Raghuvendra S. Rathore By Post. Mr. N.R. Saran, Dy.Govt. Counsel for the State *** Per Court : Heard learned counsel for the State. Perused the letter petition. This letter petition has been filed by the prisoner- petitioner through Superintendent, District Jail, Tonk for release on second regular parole for 30-days on account of the fact that his application for being released on second regular parole for 30-days was rejected by the Committee in its meeting held on 10.03.2010. We find that the petitioner has earlier been granted first regular parole for 20-days and twice emergent parole as has been mentioned in his application. The Committee in its order while rejecting the application has recorded as follows : "बÛ दȣ धारा 302 आई.पी.सी. के अंतग[त आजीवन कारावास से दǔÖ डत Ǒकये जाने पर ǔजला कारागृह टɉक मे सजा भुगत रहा है । बÛ दȣ Ʈारा मॉ व बÍ चɉ कȧ देखभाल हेतु ǑƮतीय 30 Ǒदवसीय -2- िनयिमत पेरोल चाहȣ गई है । पुिलस अधी¢क ने बताया कȧ बंदȣ व पीǑडत प¢ एक हȣ गांव के िनवासी है ǔजनकȧ आपस मɅ रंǔजश चल रहȣ है । बंदȣ Ʈारा एक पुिलस कमȸ कȧ ह× या कȧ गई है बंदȣ को पेरोल ः वीकृत नहȣ कȧ जावɅ । समाज कã याण अिधकारȣ ने बंदȣ को पेरोल ः वीकृत करने कȧ अिभशंषा कȧ है व जेल उप अधी¢क ने बंदȣ का आचरण संतोषूद बताया है । सिमित Ʈारा सव[सà मित से ǒवचार कर पेरोल ः वीकृत नहȣ करने का िनण[य िलया गया ।" We find from the aforesaid discussions as well as letter of the Superintendent of Police, Annexure R/2 that there is no mention regarding any untoward incident having occurred while the petitioner was on parole or of misuse of the liberty by the petitioner during the period when he was released on first regular parole for 20-days or during the period he was released on emergent parole twice. In the facts and circumstances of the present case, therefore, keeping in view the principles laid down by this Court in the case of Pappu Khan Vs. State of Rajasthan and Others, regarding the object behind grant of parole reported in W.L.C. (Raj.) 2006 (1) Page 31 that parole should not be denied on mere ipsi-dixit report of the Police, we deem it just and proper to allow this petition. The conduct of the petitioner, as per the documents submitted by the respondents in reply i.e. nominal roll sent from Jail dated 27.04.2010 is reported to be unsatisfactorily. However, from the above quoted portion, we find that the jail authorities had found the conduct of the petitioner to be satisfactorily. There is thus -3- apparent contractions in the subsequent documents, Annexure R/1, which has been filed along with the reply and the alleged incident dated 05.04.2010 has been shown to be the reason for the unsatisfactory conduct of the petitioner for being absent on the parade on Monday i.e. on 05.04.2010 on account of alleged illness as per the report of the Superintendent Jail, Tonk. We also find that similar entries have been made by the Jail Superintendent in respect of the two other co-accused who are brothers of the petitioner for the same day that is 05.04.2010. This makes us to raise doubts about such entries in the nominal rolls. Having regard to the entire facts and circumstances of the case as well as the fact that the relevant criterion for consideration of the application is the material which was placed before the committee including the report of satisfactory conduct given earlier, we deem it just and proper to allow this petition ignoring to say the least and without commenting on the subsequent report Annexure R/1 dated 27.04.2010. Consequently, we allow this writ petition, direct the Jail Superintendent, Tonk to immediately release the petitioner Poor Singh son of Shri Devi Singh on regular second parole for a period of 30-days, which shall commence from the date of his release, on furnishing personal bonds of Rs.50,000/- (Rupees fifty thousand only) -4- along with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Jail Superintendent, Tonk, on usual terms and conditions, as determined by him. The Jail Superintendent, Tonk shall also fix a date for the surrender of the convict-petitioner before the jail authorities. The writ petition stands allowed with the aforesaid directions. (Raghuvendra S. Rathore), J. (Dalip Singh) J. Ashok/