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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
Babiya – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The present petition has been filed on behalf of the petitioner -convict through his wife.
2. Mr. K.R. Bhati learned counsel for the petitioner submitted that the learned District Parole Advisory Committee, Udaipur has committed an error of law in rejecting petitioner’s application for first parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (herein referred to “the rules of 1958).
3. Learned counsel for the petitioner submits that the petitioner is in custody since 9 years, 4 months and 18 days.
4. He further submitted that as per the report, the Superintendent of Jail has recommended the release of the petitioner on parole upon finding his satisfactory conduct in the jail.
5. While highlighting that it is petitioner’s statutory right to get first parole, learned counsel for the petitioner submitted that reasons given by the learned District Parole Advisory Committee, Udaipur are not relevant, particularly when none of the authorities, including the Social Welfare & Empowerment Department, and jail authorities has given unfavourable remarks about petitioner’s conduct. The Deputy Director, Social Welfare & Empowerment Department vide his report that 11.11.2024
The court affirmed the statutory right to parole, emphasizing rehabilitation and the necessity of balancing victim safety with the rights of the accused.
The court emphasized balancing the statutory rights of the convict with the victim's safety, allowing parole under strict conditions to prevent contact.
Release on Parole – Balance has to be struck between safety and emotional aspect of victim and statutory rights of accused.
Parole – Balance has to be struck between safety and emotional aspect of victim and statutory rights of accused.
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.
Parole is a rehabilitative right, and dissent from victims cannot solely justify its denial when statutory eligibility is met.
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