CW 6257/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 6257/2008 Vijay Kumar Jaga Versus State & Ors. Date of Order ::: 15/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Rohan Jain, for petitioner Mrs Alka Bhatnagar, Addl. Govt. Counsel, for respondents-State Matter since relates to prayer for regular parole, is finally disposed of at admission stage. Instant petition is directed against orderdt.10/06/08 (Ann.2) whereby application of petitioner seeking 1st parole U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 (“Rules, 1958”) has been rejected on the basis of recommendations made by District Parole Committee (respondents) in its meeting held on 19/05/2008. As alleged, petitioner was convicted U/Ss 366, 366A, 363, & 120-B, IPC & 376 IPC and sentenced to undergo Seven years' RI U/s 376 IPC and Three years' RI each under other Sections vide judgment dt.28/02/05 passed by Addl. Sess. Judge (Fast Track) Sikar in Sess. Case No.44/2004, against he preferred SB Cr. Appeal NO.204/2005, wherein Co-ordinate Bench vide judgment dt.11/03/2008 (Ann.1) acquitted CW 6257/08 //2// him of offences U/Ss 120-B, 363 & 366A, IPC and while upholding his conviction U/Ss 366 & 376, IPC, his sentence of Seven year's RI was reduced to Five years' RI and his substantive sentenced under all counts were ordered to run concurrently. After completion of 1/4th of sentence petitioner claiming himself as eligible, applied for first regular parole for twenty days which was placed for consideration before District Parole Committee in its meeting dt. 19/05/08 wherein his case was considered at S.No.32 but rejected declining to grant 1st parole on the premise of adverse police report. Notice was issued to Government Advocate vide order dt.12/08/08. In reply, respondents have not controverted about completion of 1/4th of his sentence and so also about any adverse report during his incarceration; but in para 3 thereof, inter- alia averred that presently he is a prisoner in Central Jail, Jaipur and has already undergone imprisonment for a period of 3 years, 11 months & 28 days including jail remission period till 18/08/08, which makes him eligible for grant of regular 1st parole under Rules, 1958. What has been averred in para 5 & 6, is that his work & CW 6257/08 //3// conduct in jail was unsatisfactory and his case was earlier placed for consideration before District Parole Advisory committee in meetings held on 11/05/07 & 19/11/07 (Ann.R.1 to R.2) but there were adverse reports given by Superintendent of Police, Sikar against him, that prevailed upon the Committee to reject his prayer for 1st parole. But curiously enough, no material has been placed on record to show about petitioner's conduct being unsatisfactory. It was expected from respondents while filing the reply to disclose material on the basis whereof, the authority took decision. Neither the advisory committee's report/order where case of petitioner was considered nor reply of respondents disclosed any material, by which it could be inferred about adverse material dis- entitling him from 1st regular parole under Rules, 1958. R.9 of Rules, 1958, clearly provides that if prisoner who has completed with remission, if any, one fourth of his sentence and subject to good conduct in jail, be considered for first parole for twenty days which includes days of journey to home & back; and even upon his behaviour being good during 1st parole, he can be considered for 2nd parole. CW 6257/08 //4// Unless he is disqualified as pointed out in R.14, what is to be examined by Committee constituted for purposes under Rules, 1958 is to look into his conduct while in prison which has to be given its due weight-age. In instant case, application filed by petitioner for grant of first parole U/r 9 was rejected merely based on adverse police report, as taken note of by advisory committee in its meeting held on 19/05/08 conveyed vide order dt.10/06/08 (Ann.2). Contrarily, a bare perusal of minutes of meeting held on 19/05/08 depicts that Jail Superintendent recommended case of petitioner for release on 1st parole for Twenty days on personal bonds of higher sum as his conduct in prison was satisfactory and similarly Asstt. Director, Department of Justice & Social Welfare also recommended him for grant of parole because during inquiry from his neighbours, it was found that there was no apprehension of any breach of peace and tranquility in case of his release on parole. However, merely on the basis of negative police report which appears to be stereo-typed being prepared without application of mind and not based on material placed CW 6257/08 //5// alongwith reply, the committee has not properly considered his case despite reports of Jail Superintendent & Department of Social Welfare about his conduct being satisfactory while in prison, which was required to be taken note of by Committee U/r 9 of Rules, 1958. It is also not case of respondents that petitioner is facing any other criminal offence/trial. There is no material placed on record by which it can be inferred that if parole is granted, petitioner would again involve in such kind of criminal offences or report of jail authority which may adversely show his antecedents and character while in prison, certainly his case is covered for consideration for release on 1st parole U/r 9 of Rules, 1958. In the opinion of this Court, if conduct and behavour of petitioner being satisfactory in the jail while having undergone 1/4th of his sentence, and being otherwise eligible, 1st parole in terms of R.9 of Rules, 1958 cannot be denied to him. The facts having been taken note of for refusal of 1st parole, in the circumstances of instant case are not legally sustainable. Consequently, writ petition stands CW 6257/08 //6// allowed and recommendation of Committee in its meeting held on 19/05/08 conveyed vide order dt.10/06/08 (Ann.2) qua petitioner is hereby quashed. Superintendent, Central Jail, Jaipur is directed to release petitioner (Vijay Kumar Jaga) on 1st parole for twenty days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.30,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Jaipur, on expiry of twenty days (supra) to be notified by jail authority, and shall maintain peace & tranquility during 1st parole period. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. No costs. (Ajay Rastogi), J. K.Khatri/p6/6257CW08May15Prol1st.doc