-1- CWP No.11027/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T D.B. Civil Writ Petition (Parole) No.11027 of 2010. Harak Chand @ Harchand son of Shri Kanwar Lal Gurjar through his wife Smt. Radha Bai VERSUS State of Rajasthan and Others Date of Judgment :::: 28.09.2010. Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice S.S. Kothari Mr. Sumer Singh, Counsel for the Petitioner. Mrs. Rekha Madnani, Dy.Govt. Counsel for the respondents **** By the Court : We have heard learned counsel for the parties. This petition has been directed against the order dated 07.07.2010, Annexure-1 passed by the Advisory Committee, wherein Para No.4 of the said order the case of the petitioner for being granted 4th parole for 40-days has been rejected. Notice was issued to the respondents and the reply has been filed. The Advisory Committee has noted that the Social Welfare Officer has given a favourable report and the Jail Superintendent has reported that the conduct of the petitioner in jail has been satisfactory. The only adverse material against the petitioner is the report of the Superintendent of Police. Along with the reply, the report of the Superintendent of Police, Jhalawar Annexure R/2 has been -2- CWP No.11027/2010 filed, wherein the Superintendent of Police has given the following reasons for refusal of the 4th parole. The same are as under :- 1. बÛदȣ ने कुए को गहरा करवाने एवं कृǒष भूिम िसंचाई करने हेतु 40 Ǒदवसीय तृतीय िनयिमत पेरोल चाहȣ है। बÛदȣ मुक. नं. 85/92 धारा147,148,149,302 भा.दं. सं. थाना जावर के अपराध मɅ केÛिȣय कारागृह जयपुर ( सांगानेर) मɅ खुला िशǒवर मɅ आजीवन कारावास कȧ सजा भुगत रहा है। 2. बÛदȣ को पेरोल पर ǐरहा करने पर समाज मɅ ूितकूल असर पड़ेगा। 3. बÛदȣ के खेतɉ मɅ रबी कȧ फसल तैयार होकर कट चुकȧ है। िसंचाई कȧ जǾरत नहȣं है। 4. बÛदȣ को ǐरहा Ǒकया गया तो बÛदȣ के फरार होने कȧ सàभावना है। 5. बÛदȣ को ǐरहा करने के सàबÛध मɅ थानािधकारȣ/वृतािधकारȣ ने भी बÛदȣ को पेरोल पर छोड़ने कȧ िसफाǐरश नहȣं कȧ है। ǐरहा करना उिचत नहȣं है। We find that the Superintendent of Police while giving the aforesaid reasons has failed to take into account the fact that the petitioner has previously been allowed the benefit of parole on three occasions as per the Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 i.e. 20, 30 and 40-days respectively. It may also be stated here that the petitioner is at present lodged in the Open Air Jail at Sanganer, Jaipur since 2006. As per the submission of the learned counsel for the petitioner had there been any intention of the petitioner to abscond from the jail, there was ample opportunity for the petitioner to have done so while remaining in the Open Air Camp. -3- CWP No.11027/2010 In the facts and circumstances, therefore, we do not find merit in the reasons given by the Superintendent of Police, which have prevailed upon the Advisory Committee as the sole ground for refusing the application for being released on 4th parole. Moreoever, the petitioner has not misused his liberty on being released on parole earlier and nothing adverse has been reported. In the facts and circumstances of the present case, therefore, we are inclined to accept this writ petition filed by the petitioner for grant of 4th regular parole for 40- days. Consequently, we allow this writ petition and direct the Superintendent, Open Air Jail, Sanganer, Jaipur to release the petitioner namely, Harak Chand @ Harchand son of Shri Kanwar Lal Gurjar by caste Gurjar, resident of Village Parthipura Police Station Jawar District Jhalawar (at present confined in Open Jail Sanganer, Jaipur) on 4th regular parole for a period of 40-days, which shall commence from the date of his release, upon furnishing a personal bond for a 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, Open Air Jail, Sanagner, Jaipur, on usual terms and conditions, as determined by him. The Superintendent, Open Air Jail, Sanganer, Jaipur shall also fix a date for his surrender before the jail authorities. -4- CWP No.11027/2010 The writ petition stands allowed with the aforesaid directions. (S.S. Kothari) J. (Dalip Singh) J. Ashok/