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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN, BIPIN GUPTA
Laxmandas S/o Khemchand – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal writ petition challenges the order dated 14.07.2025 passed by the District Parole Advisory Committee, Jodhpur, whereby the claim of the petitioner for grant of first parole for 20 days, after completion of the required sentence with remission, was rejected.
2. The petitioner was convicted of various offences, including the offence under Section 302 of the IPC, in Sessions Case No. 239/2017 by the Court of the Additional Sessions Judge No. 5, Jodhpur Metropolitan, and he is presently undergoing imprisonment for life in addition to other sentences. The petitioner was initially lodged in the regular prison and was subsequently shifted to the Open Air Camp in view of his good conduct and satisfactory performance of assigned tasks in the jail factory or jail services. Upon the recommendation and approval of the Prisoners Open Air Advisory Committee constituted under Rule 15 of the Rajasthan Prisoners Open Air Camp Rules, 1972, the petitioner is now serving his sentence in the Open Air Camp. While serving his sentence there, the petitioner submitted an application before the District Parole Advisory Committee, Jodhpur, seeking grant of first parole for 20 da
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 serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
Parole cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
Parole cannot be denied solely based on the nature of the conviction; maintaining family ties and demonstrating good conduct are paramount for rehabilitation and reform.
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
The conviction for a serious or heinous crime by itself cannot operate as an absolute bar for denying parole to the prisoner who has otherwise acquired eligibility for release on parole.
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