IMPORTANT POINT
The court emphasized that good behavior is crucial for parole eligibility, and breaches of parole conditions must be treated seriously to maintain the integrity of the parole system.

ORDER :

1. The present petitioner, who is languishing in Central Jail, Jodhpur, has preferred the present parole seeking release on parole for 07 days. The petitioner was convicted and sentenced for the offence under Section 302, 323/34 of IPC with life imprisonment vide judgment dated 26.07.1999.

2. The petitioner applied for his release on parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (For short hereinafter called 'the Rules of 1958'). The authorities rejected the application made by the petitioner by their order dated 07.03.2024. It is against this rejection, the petitioner is in writ.

3. The convict has already undergone a sentence of 12 years and 07 days and 13 years, 05 months and 15 days with remission as on 13.05.2024.

4. Learned counsel for the petitioner submits that the Rajasthan Prisoners Release on Parole Rules, 1958 will apply and Rule 14(c) of the Rules of 1958 has been used to disqualify him for the parole. The petitioner wants to carve out an exception by pointing out that his case does not fall under ordinary circumstances due to the long sentence served and the provision for exception under Rule 18 of the Rules of 1958.

5. The Jail Department has submitted its reply.

5.1. Learned Government Advocate cum Additional Advocate General submits that through Rule 14(c) of the Rules of 1958 is not absolute and includes the word 'ordinarily', leaving it open for the authority, and the discretion has rightly be exercised in this case, because there was a long period of absconding, and thus, the application has rightly been rejected by the authority.

6. This Court takes note of Rule 14(c) and 18 (I) & (ii) of the Rules of 1958 reads as follows :-

“14(c):- Prisoners who have escaped from the Jail or Police custody or attempted to escape;

15……………..

16……………..

17…………...

18. Punishment for breach of conditions of Parole - The following punishments may be awarded to the prisoners for over staying their sanctioned parole period or for breach of any other condition laid down namely:-

(i) He should not be let off on parole in future unless the Superintendent of Jail is fully satisfied that he will not commit any breach of conditions in future.

(ii) In case the prisoner is released on parole on the recommendation of the Superintendent of Jail concerned after the breach of condition, the period of release on parole would be 7 days excluding days of journey to home and back. The next Parole will be 15 days (provided he has behaved himself well during the period) and 30 days in the fourth parole”

7. This Court finds that there is a full bench judgment of this Court in Gajja Ram @ Gajendra S/o Lumba Ram (D.B. Criminal Writ Petition No.01/2021) on 26.08.2021; the operative portion whereof reads as under :-

“While keeping into consideration the entire conspectus and being conscious of the fact that the fundamental underlying concept of parole is to provide opportunities to the prisoners to integrate with the society on the incentive of maintaining good behaviour, it is relevant that good behaviour is ascertained through Superintendent of Jail and remains at the fulcrum of the consideration.

The parole, as a privilege, is granted to the prisoners, while keeping the good behaviour of the inmate/parolee as a yardstick of measuring level of discipline while in custody.

The purpose of parole is to release the prisoner so as to enable him to connect with the society to achieve the goals of the golden principles of reformation and rehabilitation. It is important to simultaneously balance the principles of deterrence and prevention.

It is the State's duty that while taking the prisoners towards reformation and rehabilitation, a cautious approach has to be maintained so that the objective of incentivizing the custody is not diluted.

The word 'parole' derives its origin from the French word "Je donne ma parole", which means, "I give my word" i.e. the word of honour.

The criteria of good behaviour is incentivized by means of providing the priso