IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
O R D E R
D.B. Civil Writ Petition (Parole) No.5233 of 2009.
Ruby Choudhary wife of Shri Bheem Singh VERSUS State of Rajasthan Date of Order :::: 07/09/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice G.S. Sarraf By Post . Mrs. Rekha Madnani, Deputy Government Counsel for State. Per Court :
Heard learned Deputy Government Counsel for the State and also perused relevant material placed before this Court.
This writ petition has been filed by the wife of the convict Bheem Singh seeking third regular parole of the convict for 40-days.
A perusal of the reply filed by the State would go to show that the convict Bheem Singh has undergone 16-years-4-months-&-1-day sentence as on 21.05.2008, including the remission period and thus the convict is eligible for the grant of third regular parole as per rules.
It is further stated in the reply that the matter for releasing the petitioner on third regular parole has been sent to the District Parole Advisory Committee, who in its meeting dated 16.07.2009 rejected the application of the petitioner on the basis of the adverse Police report.
It is evident from the letter of the District Magistrate, Saharanpur (U.P.) which is placed on record by the learned Public Prosecutor for the State that the Superintendent of Police, Saharanpur has expressed reservation and apprehension that in case the accused-petitioner is released on parole some untoward incident may occur.
It may be kept in mind that this application is for seeking a direction for release on third parole. The petitioner has previously twice been granted regular parole of 20/30-days and there is nothing on record to show that while on first and second regular paroles, the petitioner’s conduct was such as would disentitle him to the grant of third parole. No such incident as is sought to be made by the Police in its report relied upon occurred during the earlier periods.
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. (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, we deem it just and proper to grant the benefit of the third regular parole to the petitioner for 40-days.
Consequently, we allow this writ petition, directing the Superintendent, Central Jail, Ajmer to immediately release the petitioner viz., Bheem Singh son of late Shri Ran Singh, resident of Diggi, Police Station Nanota, District Saharanpur (confined in Central Jail, Ajmer) on third regular parole for a period of 40-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, Ajmer, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Ajmer shall also fix a date for his surrender before the jail authorities.
The writ petition stands allowed with the aforesaid directions.
(G.S. Sarraf) J. (Dalip Singh) J. ashok/