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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, FARJAND ALI
Khartaram – Appellant
Versus
State Of Rajasthan, Through Secretary – Respondent
JUDGMENT :
Arun Monga, J
1. An undated letter addressed to this court, sent by post by a convict, lodged in jail undergoing life imprisonment, has been converted into the instant writ petition. It reveals a persistent and deeply troubling pattern i.e. for the fourth time, the convict- prisoner has been compelled to invoke the jurisdiction of this Court for no reason other than his poverty and inability to furnish surety and the persistent mechanical approach of the competent authority by imposing an onerous condition of furnishing of sureties for actual release on duly sanctioned parole. On three earlier occasions, the petitioner was similarly forced to approach this Court solely because the authority insisted upon the furnishing of sureties, in addition to a personal bond, as a precondition for release on parole. The said insistence was categorically rejected and waived by this Court each time.
2. Notwithstanding the petitioner’s financial incapacity, and repeated, unequivocal and favorable judicial indulgence by waiver of the condition of furnishing sureties in past, the competent authority while sanctioning parole has, yet again, with complete nonchalance, imposed the very same con
The discretionary powers of the sanctioning authority to dispense with the requirement of surety for prisoners confined in open prisons and the significance of sureties in granting parole were the ce....
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.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
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.
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