D.B. CRIMINAL PAROLE WRIT PETITION NO.4439/2010 Ram Lal Vs. State of Rajasthan & Ors. Date of Order :: 25.5.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SAJJAN SINGH KOTHARI By post. Mr. A.R. Nikub, Public Prosecutor The petitioner has moved application by post with a prayer for his release on first parole, which was rejected by order dated 30.12.2008 (Annex.R/2) as well as in the meeting dated 29.9.2009 (Annex.R/3). As per the facts of the case, the petitioner was convicted for offence under Section 302 I.P.C. and sentenced for life imprisonment and a fine of Rs.5000/-, in default of payment of fine, to further undergo three months' simple imprisonment by the judgment dated 12.4.2004 passed by the court of Additional Sessions Judge (Fast Track), Rajsamand. As per the reply submitted by Jail Department, the petitioner has already served out sentence of 08 years, 01 month and 11 days as on 30.4.2010 (including the jail remission of 09 months and State remission of 10 months respectively). The petitioner has already undergone the requisite sentence, therefore, his case should have been considered and, however, that has been considered. The orders Annex.R/2 and Annex.R/3 virtually disclose no reason for refusal of parole to the petitioner. As per the report of Superintendent of Police only apprehension has been shown. The District Collector, Chittorgarh has mentioned that there is allegation of murder of his wife by the petitioner and since the inlaws' house is near to the petitioner's village, therefore, in case the petitioner is released on parole, then there could be some untoward incident with the petitioner. This Court has held in number of cases that for refusal of parole the Authority cannot rely upon ipsi dixit reasons. We do not find the reasons given to be sufficient for refusal of parole to the petitioner. Considering all the facts and circumstances of the case, it is directed that the applicant-Ramlal S/o. Bansi Lal shall be released on parole of 20 days on just and appropriate conditions determined by the Superintendent, Central Jail, Udaipur for 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/