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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI, SANDEEP SHAH
Narayan Alias Ram Narayan S/o Shri Nainu Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant criminal writ petition under Article 226 of the Constitution of India has been preferred on behalf of the petitioner assailing the order dated 14.01.2026 passed by the learned District Collector, Bhilwara, whereby the petitioner’s prayer seeking grant of second parole for a period of 30 days has been declined.
2. Learned counsel for the petitioner submits that the parole application of the petitioner has been rejected on mechanical and extraneous considerations, despite the fact that the petitioner fulfils the eligibility criteria under the applicable rules and his conduct in jail has been reported to be satisfactory. It is further submitted that vague apprehensions expressed by the police authorities cannot constitute valid grounds for denial of parole.
3. Learned AAG submitted that since the victim and the convict reside in the same village and in close proximity to each other, the release of the convict on parole may pose a potential threat to the safety and security of the victim as well as her family members, and therefore, he ought not to be granted the benefit of parole.
4. We have heard the learned counsel for the petitioner and learned AAG as well as per
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.
The court affirmed the statutory right to parole, emphasizing rehabilitation and the necessity of balancing victim safety with the rights of the accused.
Parole – Balance has to be struck between safety and emotional aspect of victim and statutory rights of accused.
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....
Parole is a rehabilitative right, and dissent from victims cannot solely justify its denial when statutory eligibility is met.
Parole applications cannot be denied solely based on the nature of the crime; substantial evidence of threat to security or public order is required for rejection.
Point of Law : Supreme Court held that merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the society ar....
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