Rajasthan High Court - Jaipur
Shravan Kumar Kumawat vs State (Home Department)Ors on 25 November, 2011
Author: Alok Sharma
Bench: Alok Sharma
Shravan Kumar Kumawat Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.15748/2011) Date: November 25, 2011. HON'BLE MR. JUSTICE ALOK SHARMA Mr. Anshuman Saxena, for the petitioner.
Mr. Javed Chaudhary, for the State.
By this petition, the petitioner through his son-in-law Mohan Lal Kumawat has prayed for grant of first parole.
It is submitted that the petitioner was convicted and sentenced for seven years' rigorous imprisonment for the offence under sections 307, 147, 148, 149, 341, 323, and 324 IPC, vide judgment dated 7-5-2010. The petitioner has remained in judicial custody for more than two years. As per Rule 9 of the Rajasthan Prisoners Release on Parole Rules,1958, the petitioner has become entitled for grant of benefit of first parole. It is submitted that grant of parole has been recommended by the jail authorities, in view of petitioner's good conduct and also by the Social Welfare Officer. The Superintendent of Police, where the petitioner is to spent his time on parole, has however mechanically proceeded to refuse recommendation for the grant of parole on vague, general and unsubstantiated grounds. Hence, it is prayed that petitioner may be released on first parole.
The respondents have not filed reply to writ petition despite opportunity being granted to respondents. However, counsel for the State submits that on account of adverse police report the District Advisory Parole Committee has not recommended to release the petitioner on first parole.
Learned counsel for the petitioner has also placed reliance on an order of this court dated 22-7-2009 in S.B.Civil Writ Petition No.3462/2009, wherein first parole was granted to petitioner despite denial of the same by the Parole Committee.
I have heard rival submissions and scanned the material available on record.
It is well settled that on ipse-dixit of the police report, the parole cannot be declined. The District Advisory Committee has rejected the application for grant of parole overlooking the recommendation of the jail authorities, as also the Social Welfare Officer without just cause and has mechanically dittoed the unreasoned negative report of the concerned superintendent of police.
Since the petitioner has served sentence for a period of more than three years, I am of the view that he is entitled to be released on first parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules,1958.
I, therefore, allow this petition. The Jail authorities are directed to release the petitioner Shrawan Kumar Kumawat s/o Narayan Lal Kumawat on first parole under Rule 9 of the Parole Rules for a period of 20 days, provided, the petitioner furnishes personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the Superintendent, Central Jail Jaipur on usual terms and condition as determined by him. The petitioner is directed to surrender before the jail authorities on expiry of the period of twenty days from the date of his release on parole.
(Alok Sharma),J.
arn/