D.B. CRIMINAL PAROLE WRIT PETITION NO.3764/2010 Abdul Sattar Vs. State of Rajasthan & Ors. Date of Order :: 24.5.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SAJJAN SINGH KOTHARI Mr. Kaluram Bhati, for the petitioner. Mr. A.R. Nikub, Public Prosecutor Heard learned counsel for the petitioner and the learned Public Prosecutor. The petitioner has been convicted for offence under Sections 302, 450 of I.P.C. and Section 4/25 of Arms Act with sentence for life imprisonment and a fine of Rs.7000/-in default of payment of fine to further undergo two years' simple imprisonment. As per the reply submitted by Jail Department, the petitioner has already served out sentence of 08 years, 01 month and 26 days as on 31.3.2010. The petitioner's parole application was rejected by order dated 19.2.2010 (Annex.R1/1). In the rejection order, it has been mentioned that co-accused Sultan who is also suffering the same sentence is giving threatening letters to the complainant-party and the Jail Superintendent, Udaipur has also found the conduct of the petitioner/ applicant to be not satisfactory. It is apprehended that in case the petitioner will be released on parole, there will problem of unrest. The learned counsel for the petitioner has shown two orders – one dated 11.9.2008 and another dated 3.6.2009, by which the co- accused Sonu and Sultan respectively were released on parole by the Authorities themselves in view of order passed by High Court. As per the counsel for the petitioner, these two co-accused Sonu and Sultan were granted first parole. The petitioner is also seeking first parole. It is not the case of the State that after release of these two co-accused, namely, Sonu and Sultan some untoward incident had happened, otherwise also, merely by giving of threatening by Sultan the petitioner's prayer for parole cannot be rejected. So far as the conduct of convict in jail as pointed out by the Jail Superintendent, Udaipur being not satisfactory is concerned, that ground is not satisfactory for refusing parole to the petitioner, as the aim and object of releasing a convict on parole is to see that the convict after being released could adjusts himself with the society, therefore, the petitioner's parole application is allowed. The rejection order dated 19.2.2010 is quashed and set aside. Considering all the facts and circumstances of the case, it is directed that the applicant-Abdul Sattar S/o. Babu Khan shall be released on parole of 20 days on just and appropriate conditions determined by the Superintendent, Central Jail, Udaipur his own satisfaction. The Superintendent, Central Jail, Udaipur will also give a date for surrender. A copy of this order may be sent to the convict. (SAJJAN SINGH KOTHARI), J. (PRAKASH TATIA), J. Sanjay/