A prisoner with satisfactory conduct and significant time served is entitled to parole unless substantial evidence indicates otherwise.

ORDER :

1. Instant petition has been filed by the petitioner seeking parole under Rule 18(2) of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter to be referred as the “Rules of 1958”).

2. As per the averments made in the petition, the petitioner has been convicted by the learned Additional Session Judge, No.2, Jhunjhunu for the offence under Sections 450, 302, 376(2)(g), 392, 397, 243 & 316 of IPC and sentenced to undergo life imprisonment, against which the petitioner has filed a D.B. Criminal Appeal No.775/2013 which is pending before this Court and by now the petitioner has served the sentence of more than twelve years and presently is in Central Jail, Bikaner.

3. It is contended by counsel for the petitioner that parole application of the petitioner was rejected on the ground that the Police Authority has given an adverse report against the petitioner and no document has been submitted by the Police Authority while sending the adverse report against the petitioner. It is further contended that the petitioner has remained in custody for a period of more than twelve years. His jail conduct as per the report of the Superintendent, Central Jail is satisfactory and the report of the Social Welfare department is also in favour of the petitioner.

4. Learned GA-cum-AAG has opposed the writ petition and submitted that the petitioner earlier absconded after he was released on parole. He further submitted that the Superintendent of Police has reported that the case in which the petitioner is undergoing sentence is of serious nature and if he is released on parole, it may affect the society as well as the complainant also.

5. Considering the fact that the petitioner has remained in custody for a period of more than twelve years; thus as per the Rajasthan Prisoners on Parole Rules, 1958, he is entitled for parole; his jail conduct is satisfactory; no documentary evidence in support of adverse police report has been placed on record to deny the prayer for grant of the parole, hence in these facts and circumstances as well as the material before us, we deem it proper to allow the present writ petition (parole) and set aside the order/recommendations dated 29.08.2023.

6. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 29.08.2023 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on parole for a period of 7 days on furnishing of his personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Bikaner with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of the parole period and shall maintain peace and tranquility during the parole period.

7. In case of his failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law.

8. Office is directed to send a copy of this order to the Superintendent, Central Jail, Bikaner by fax today itself for necessary compliance.