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SANDEEP MEHTA, MANOJ KUMAR GARG
Aasuram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The convict-petitioner has forwarded this letter petition from jail seeking to assail the order dated 17.05.2021 passed by District Parole Advisory Committee, Barmer whereby his prayer for releasing him on first parole of twenty days has been rejected.
2. The Committee denied release of the convict-petitioner on first parole on the ground that as per the report of the Superintendent of Police, Barmer, there is an apprehension of the convict absconding in case he is released on parole. In the said report, it is also mentioned that only for the purpose of re-integration into the society, the convict-petitioner has prayed for his release on first parole and that there is no concrete reason for releasing him on parole. On the contrary, the Social Welfare Department as well as the Superintendent, Central Jail, Jodhpur have recommended for his release on parole.
3. We find that the reasons assigned for denying parole to the convict-petitioner are absolutely mechanical, vague and perfunctory and are not based on justifiable grounds so as to deny parole to the convict petitioner. Suffice it to say that the Parole Rules have been promulgated to provide the convicts a window of visi
Parole rules are intended to facilitate the reintegration of convicts into society, and apprehensions of absconding can be addressed by requiring heavy bail and bonds.
The court established that the denial of parole must be based on justifiable grounds and that concerns regarding absconding can be mitigated through appropriate conditions.
Parole is a concession for good behavior, not a right, and must be granted with consideration of rehabilitation, irrespective of family objections, unless supported by independent evaluation.
Denial of parole should be based on justifiable grounds, and apprehension of breach of law and order can be addressed by imposing appropriate conditions and requiring sureties.
The court emphasized that the mere fact of serving a sentence for a heinous crime cannot be the sole reason to deny parole, and specific reasons must be provided to curtail or deny parole.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
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