CW 2973/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2973/08 Bhagchand Versus State DATE OF ORDER : 29/06/2009 HON'BLE MR. JUSTICE AJAY RASTOGI By Post. Ms. Alka Bhatnagar, Addl. G.A., for respondents *** Matter since relates to prayer for regular parole, is finally disposed of at admission stage. Instant letter petition has been sent by petitioner seeking 1st parole U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 (“Rules, 1958”), which was declined by District Parole Committee in its meeting held on 26th Dec. 2007. As alleged, petitioner was convicted and sentenced for 10 yrs. RI for offence U/Ss 325 & 304-A IPC vide judgment dt.31st July, 2007 passed by Addl. District & Sess. Judge [Fast Track] No.1, Beawar (Ajmer) in Sess. Case No.38/05. As per reply filed by the respondent as on 12th April, 2008 the convict-petitioner has completed more than 3 years, one month & 12 days. Hence, he applied for first regular parole and CW 2973/08 [2] which was rejected by the District Parole Committee in its meeting held on 26th Dec., 2007 on the premise of adverse police report, as per which Superintendent of Police has not recommended to release the petitioner on 1st regular parole. 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. 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. Counsel for respondent has placed the document before this court to show that jail authorities have positively recommended and his conduct during imprisonment has been observed to be satisfactory which being one of foremost consideration has to be taken note of by the Advisory Committee while examining application CW 2973/08 [3] submitted by the accused-petitioner for grant of parole under R.9 of the Rules. 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 alongwith reply, the committee has not properly considered his case despite reports of Jail Superintendent about his conduct being satisfactory while in prison, which was required to be taken note of by Committee U/r 9 of Rules, 1958. 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 CW 2973/08 [4] refusal of 1st parole, in the circumstances of instant case are not legally sustainable. Consequently, writ petition stands allowed and the decision of the Committee in its meeting held on 26/12/07 qua petitioner is hereby quashed. Superintendent, Central Jail, Ajmer is directed to release petitioner (Bhag Chand) on 1st regular parole, if not availed of as yet, 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, Ajmer, 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. FRBOHRA2973CW08 29-6.doc