Rajasthan High Court - Jodhpur
Jagdish Meghwal vs State Of Raj on 22 August, 2012
Bench: Govind Mathur, R.S. Chauhan
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
D.B. CRIMINAL WRIT (PAROLE) PETITION NO.5509/2012
Jagdish
Versus
The State of Rajasthan & Ors.
Date of Order :: 22.08.2012
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE R.S. CHAUHAN
By post
Mr. K.R. Bishnoi - Government Advocate
BY THE COURT :
The District Parole Advisory Committee, Chittorgarh in its meeting dated 16.03.2012 denied first regular parole to convict-prisoner Jagdish by relying upon the adverse remarks made by the Superintendent of Police, Chittorgarh under a communication dated 15.02.2012. The communication aforesaid is available on record as Annex.R/1. The Superintendent of Police made adverse remarks by apprehending the chances of the convict-prisoner's absconding. No reason is given for such apprehension.
It is well-settled that the parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, 'the Rules of 1958'), is a valuable right available to a convict-prisoner with an intention to rehabilitate him and also to bring him in regular (2) stream of the society. Such a right cannot be denied on vague grounds or for any cause without having reasonable foundation.
In the instant matter, no adequate foundation is laid for making an adverse remark. The petition, therefore, deserves acceptance. Accordingly, the same is allowed. The respondents are directed to release the petitioner on first regular parole in accordance with the Rules of 1958. Necessary order in this regard is required to be passed within a period of one month from today.
[R.S. CHAUHAN], J. [GOVIND MATHUR], J. Pramod