IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R. D.B. Civil Writ Petition (Parole) No.11857 of 2009 Chandan son of Shri Ramte. VERSUS State of Rajasthan and Others Date of Order :::: 14/10/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice K.S. Chaudhari Mr. Nihlesh Katara, Counsel for the Petitioner. Mrs. Rekha Madnani, Dy. Govt. Counsel for the State. *** By the Court : Heard learned counsel for the parties. This petition has been filed by the petitioner Chandan son of Shri Ramte for his release on first regular parole for 20-days. The petitioner Chandan was convicted for commission of the offence under Sections 302 and 201, I.P.C. vide judgment dated 20.12.2003 by the learned trial Court. As per the nominal roll, the petitioner has undergone in all over 10-years sentence, as mentioned in Para No.19 thereof. As per the report of the Superintendent of Jail, as also mentioned in the nominal roll in Para No.24 the conduct of the petitioner Chandan has been found to be satisfactorily. Thus, the petitioner is eligible, as per Rule 9 of the Rules of 1958 for parole having undergone more than 1/4th sentence and the conduct of the petitioner being satisfactorily. The application submitted by the petitioner for being released on parole has been rejected by the Advisory Committee primarily on the ground that there is an apprehension that it may give rise to some crime involving the opposite party. The Social Welfare Officer has also not recommended the case of the petitioner for being released on parole and the reason given in the letter of the Social Welfare Officer is that even his brother namely, Gokul has not consented to the release of the petitioner. So far as the report of the Social Welfare Officer is concerned, we find that this petition for release of the petitioner has been filed by none other then Gokul the brother of the petitioner Chandan and in support of the petition Gokul has himself filed his affidavit, which is available on record in support of the averments made in the petition. In that view of the matter, we are not inclined to accept the views expressed by the Social Welfare Officer. So far as the report of the Superintendent of Police is concerned, we find that the said report also is quite vague and the Superintendent of Police in his report dated 25.08.2009 has mentioned at Para 5 the name of Mukesh in place of the name of Chandan. It is not very clear as to whether the Superintendent of Police has been referring to the petitioner Chandan in his report or to some Mukesh. Be that as it may, we find that the petitioner has already served out about 10-years of sentence and it is the application for first regular parole, which has been submitted by the petitioner. From the record produced by the respondents, we do not find anything adverse so as to refuse the first regular parole to the petitioner. Keeping in view the principles laid down with regard to the release of the prisoners on parole, we deem it to be a fit case where the petitioner should be given the benefit of first regular parole for 20-days under Rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958. However, since the area where the petitioner is likely to spend his time during the parole and past history of the petitioner, which has been brought to our notice that the petitioner was a member of the Kanchi Decoit Bheel Gang at the time of incident with a view to balance the case in between the State, the Society and the petitioner, we direct that the Jail Superintendent would put an additional condition while releasing the petitioner on parole that he would give his attendance once every day before the S.H.O. Police Station, Sepau, District Dholpur within whose jurisdiction the petitioner is going to spend his time while on parole in Village Jagriyapura with his family during the aforesaid period of parole . Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Bharatpur to immediately release the petitioner namely, Chandan son of Shri Ramte, by caste Kushwaha, resident of Jagriyapura, Police Station Sepau, District Dholpur (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 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, Central Jail, Bharatpur, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Bharatpur shall also put the above condition and fix a date for his surrender before the jail authorities. The writ petition stands allowed with the aforesaid directions. (K.S. Chaudhari) J. (Dalip Singh) J. ashok/