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The incentive of freedom has to be weighed against disincentive of breach, while keeping the good behaviour as an effective criteria to measure both.
Thus, it is clear that while weighing the incentive against disincentive, the disciplinary issue has to be of stellar standard, so as to ensure that the parole, which is undoubtedly a part of the custody period, has the same sanctity, as is given to the custody, and any violation of the parole conditions has to be viewed seriously so as to enable the system to grant more and more paroles to the inmates, while strengthening the system of rehabilitation and reformation. The legal position has to give an unequivocal mandate that any violation of parole tenure has to be viewed on the same pedestal as breaching of custody. In view of the above analysis, the only conclusion, which can be drawn is that in the event of failure of a prisoner to report back to the jail authorities on completion of parole would amount to escape from lawful custody. The contention of the learned counsel for the petitioners that denial of opportunity to a prisoner for admission in open air camp, on account of his overstay amounts to double jeopardy, is without any merit. Rule 15 of Rules of 2021 clearly says that grant of parole to a prisoner should be regarded as occasion to encourage good conduct and it cannot be claimed as a matter of right by a prisoner. Preamble of Rules of 1972 also says that these rules are framed for sending convicts to open air camps with a view to encourage good conduct, satisfactory performance of work and to promote life of self-discipline among the convicts of Rajasthan. When a prisoner cannot claim parole or admission in open air camp as a matter of right, in our view, any ineligibility provided in the Rules of 2021 and Rules of 1972, which disentitles a prisoner to get the benefit of parole or admission in open air camp respectively, cannot be equated with any punishment provided under any law for breach of conditions of parole or for escaping the prison or jail.