1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Writ Petition (Parole) No.8857 of 2009. Brajendra Singh son of Shri Hariman Singh. VERSUS State of Rajasthan & Others Date of Order :::: 16/09/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice G.S. Sarraf Mr. Nikhlesh Katara, Counsel for the Petitioner. Mrs.Rekha Madnani, Deputy Government Counsel for State. Per Court :- We have heard learned counsel for the petitioner as well as the learned Deputy Government Counsel for the State and also perused the reply and the additional affidavit of the father of the petitioner. On the request of the learned counsel for the petitioner the matter is taken up for hearing. During the course of hearing on 25.08.2009 while considering the reply filed by the respondents, more particularly the report of the Social Welfare Officer dated 22.06.2009, wherein the Social Welfare Officer has not 2 recommended the case of the petitioner for being granted the parole on the ground that the father of the petitioner has apprehension that in case the petitioner is released some untoward incident may occur. In response to the above, the learned counsel for the petitioner sought time to submit the affidavit of his father mentioning therein that the father of the petitioner has no objection, in case the petitioner is released on first regular parole of 20-days. The petitioner has filed the affidavit of his father Shri Hariman Singh son of Shri Nawal Singh, wherein at Para 4, it has been stated as follows:- “THAT the letter dated 22.06.2009 submitted by the respondent is false and I have no objection whatsoever, if my son Brajendra Singh is released on parole.” Considering the totality of the circumstances as well as the affidavit of the father of the petitioner filed by the petitioner before this Court on 05.09.2009, we deem it just and proper to grant the benefit of the first regular parole to the petitioner for 20-days, 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. 3 (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. Consequently, we allow this writ petition, directing the Superintendent, Central Jail, Bharatpur to immediately release the petitioner viz., Brajendra Singh son of Shri Hariman Singh, resident of Kemri, Police Station Nadoti, District Karauli (presently confined in Central Jail, Bharatpur) on first regular parole for a period of 20-days, which shall commence from the date of his release, upon furnishing his surety in the 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, Bharatpur, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Bharatpur shall also fix a date for surrender of the petitioner before the jail authorities. The writ petition stands allowed with the aforesaid directions. (G.S. Sarraf) J. (Dalip Singh) J. ashok/