1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 10165 of 2008 BADRI LAL V/S STATE OF RAJASTHAN BY POST Mr. KR BISHNOI, P.P., for the respondent Date of Order : 20.2.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned Public Prosecutor. This petition is for second parole as the prisoner has already enjoyed first parole from 2.6.2007 to 22.6.2007, and surrendered back in time. The petition is opposed on the ground that though Social Welfare Department has given report in favour of grant of parole but then the Supdt. of Police has given adverse report. We have gone through both the reports, and find that either of them has given report without bearing any sense of responsibility inasmuch as the only ground of report in either of the report is the residence of victim's family. According to the Supdt. of Police the victim family 2 has come, and started living in Rajgarh, and therefore, there is likelihood of breach of peace, while according to the Social Welfare Department the victim family resides in village Jasuji Ka Khera Tehsil Mandalgarh at a distance of 20 Kms. from Rajgarh, and there is no likelihood of breach of peace. Obviously, either of the two reports is wrong inasmuch as the family of victim is either living at Rajgarh, or is not living at Rajgarh. We do not find any ground to believe the report of the Supdt. of Police, as it is not shown since when the victim family has started living back in Rajgarh, whether after the prisoner had enjoyed the first parole, or since earlier. In that view of the matter, the prisoner is granted second regular parole for 30 days. Accordingly, the application is allowed, and the accused Badri Lal s/o Suraj Mal, r/o Rajgarh, P.S. Kachhola, Dist. Bhilwara be released on parole for 30 days on his submitting personal bond of Rs.30,000/- and two sureties of Rs.15,000/- each and on other just and appropriate conditions determined by the Superintendent, Central Jail, Ajmer to his own satisfaction. However, the latest colour photograph of accused and sureties shall also be taken. The Superintendent, Central Jail, Ajmer will also give a date for surrender. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/