HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Writs No. 66/2019
Jagdish S/o Shri Sankar Lal Ji, Aged About 45 Years, B/c
Bargunda, R/o Station Nagar, P.s. Mandal, District Bhilwara.
(Convict/prisoner Satyanarayan @ Jitu S/o Shri Jagdish At
Present Lodged In Central Jail Ajmer)
1. State, Through Secretary, Department Of Home,
Secretariat, Rajasthan, Jaipur.
2. The District Collector, Bhilwara.
3. The Superintendent, Central Jail, Ajmer.
For Petitioner(s) : Mr.KR Bhati Mr.Jayant Joshi.
For Respondent(s) : Mr.SS Rajpurohit, PP.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. The instant writ petition has been filed by the father of
convict Satyanarayan @ Jitu, who is languishing in Central Jail,
Ajmer, being convicted for offence punishable under Sections 377
IPC and Section 3/4 of POCSO Act and sentenced with ten years’
rigorous imprisonment for each offence respectively.
2. The Parole Committee has rejected the application only
on the ground that he may abscond and there is likelihood of
dispute with victim’s family.
3. The Jail Department has submitted its reply.
4. This Court has considered the decision of Parole
Committee rejecting the parole claimed. The convict has already
undergone a sentence of 03 years 01 month and 07 days as on
(2 of 2) [CRLW-66/2019]
14.2.2019. The Social Welfare department, Bhilwara in its report
dated 20.11.2018 has recommended release of convict on parole
on the condition that he would spend the time anywhere away
from the Village Bargunda within the jurisdiction of P.S. Mandal. It
is pertinent to note that the petitioner does not suffer from any
ineligibility for his release on parole as prescribed under Rule 14 of
the Rajasthan Prisoners Release on Parole Rules, 1958. More so,
ipsi dixit reason of adverse police report cannot be a ground for
refusing parole. It is well settled that parole is a device for
reformation of a criminal for his rehabilitation in society. The
object of parole can’t be frustrated on the basis of vague and ill-
5. Accordingly, this petition is allowed. The respondents
are directed to release convict-petitioner Satya Narayan Jitu S/o
Jagdish to avail 20 days first parole as per provisions of the Rules
of 1958 provided he furnishes two sureties in a sum of
Rs.25,000/- each and a personal-bond of Rs.50,000/- to the
satisfaction of Superintendent, Central Jail, Ajmer and an
undertaking to the effect that he would spend the parole period
anywhere away from the Village Bargunda within the jurisdiction
of P.S. Mandal. The Superintendent, Central Jail concerned will
give a date for surrender of convict and shall also be at liberty to
impose other reasonable and adequate conditions to ensure his
return to the State custody after availing the parole.
(Dr. PUSHPENDRA SINGH BHATI),J
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