1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Writ Petition (Parole) No.7610 of 2009. Madan @ Madaniya son of Modiya VERSUS State of Rajasthan and Others Date of Order :::: 07/09/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice G.S. Sarraf Mr. L.S. Tomar, Counsel for the Petitioner. Mrs. Rekha Madnani, Deputy Government Counsel for State. Per Court : Heard learned counsel for petitioner as well as learned Deputy Government Counsel for the State and also perused relevant material placed before this Court. This writ petition has been filed by the convict- petitioner through his mother Smt. Gulab Bai seeking second regular parole for 30-days. It is submitted by the learned counsel for the petitioner that earlier the petitioner was granted first regular parole for 20-days by this Court vide order dated 21.01.2008 passed in S.B. Civil Writ Petition No.9761/2007 2 and at that time there was no complaint against the petitioner during the release on parole and the petitioner after completion of the period of 20-days parole surrendered before the jail authorities. It is not disputed that the petitioner is eligible, as per the Rules for the grant of second parole. However, he has been denied the grant of parole on account of the adverse report of the Police. The District Parole Advisory Committee in its meeting held on 25.05.2009 dismissed the application of the petitioner for being released on second regular parole on the basis of adverse Police report. Keeping in view the principles laid down by this Court in the case of Pappu Khan Vs. State of Rajasthan and Others, reported in W.L.C. (Raj.) 2006 (1) Page 31 that parole should not be denied on mere ipse-dixit report of the Police without any foundation for refusal of the same, we deem it just and proper to grant the benefit of the second regular parole to the petitioner for 30-days. Consequently, we allow this writ petition, directing the Superintendent, Central Jail, Jaipur to immediately release the petitioner viz., ,Madan @ Madaniya son of Shri Modiya, by caste Babriya, resident of Todi Harmada, Police Station Harmada, Jaipur on second regular 3 parole for a period of 30-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 Superintendent, Central Jail, Jaipur, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Jaipur shall also fix a date for his surrender before the jail authorities. The writ petition stands allowed with the aforesaid directions. (G.S. Sarraf) J. (Dalip Singh) J. ashok/