IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER D.B. Civil Writ Petition(Parole) No. 10488/2011 Ramji Lal @ Ramjya Vs. The State of Rajasthan & Others. Date of Order: 12.09.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I HON'BLE MR. JUSTICE S.S. KOTHARI Mr. Lakhan Singh Tomar, for the petitioner. Mr. J.R. Bijarnia, Addl. Government Advocate, for the respondents. BY THE COURT:
At the request of parties, arguments were heard and writ petition is being disposed off finally.
2. Convict-petitioner has preferred this parole writ petition for grant of fourth parole of 40 days under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958.
3. Learned counsel for the petitioner submitted that conduct of the petitioner in jail custody is satisfactory, there is no complaint against him for the period during which he was granted first, second and third parole by this Court and by District Parole Advisory Committee. The application of the petitioner has been dismissed only on the basis of adverse report of concerned Superintendent of Police, which is based on no evidence, therefore, writ petition may be allowed and the petitioner may be released on fourth parole of 40 days.
4. Respondents in their reply have admitted that conduct of the petitioner during jail custody was satisfactory. A copy of reports submitted by Superintendent of Police and Social Welfare Department have been annexed with the reply.
5. We have examined the reports of Superintendent of Police as well as Social Welfare Department, which have been made basis for rejection of the application of the petitioner.
6. There is no dispute between the parties that there was no complaint against the petitioner in respect of period, the petitioner was granted first, second and third parole by this Court and by District Parole Advisory Committee, which is relevant for the purpose of granting next parole to a convict. We further find that there is no cogent evidence in support of report of concerned Superintendent of Police. In these circumstances, we are of the view that District Parole Advisory Committee committed an illegality in rejecting the application of the petitioner.
7. Consequently, parole writ petition is allowed. Impugned order dated 07.07.2011(Annexure-2) qua the petitioner is set aside and it is directed that convict-petitioner namely Ramji Lal @ Ramjya S/o. Jagdish be released on fourth parole of 40 days on his furnishing a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousands) with one surety in the like amount to the satisfaction of the concerned Jail Superintendent. It will be open for the concerned Jail Superintendent to put any other condition, as per rules, to secure the presence of the petitioner.
8. A copy of this order be sent for information to convict-petitioner and for necessary action to concerned Jail Superintendent.
(S.S. KOTHARI),J. (NARENDRA KUMAR JAIN-I),J. Manoj, S.No. 19.
