A convict in Central Jail, Udaipur sought first 20 days' parole after the authorities rejected his application citing an adverse police report without specific grounds. The court held that vague police objections cannot frustrate parole, found no ineligibility under Rule 16, and allowed release on parole subject to sureties and conditions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 462/2024
Govind S/o Gattu Ji, Aged About 38 Years, At Present Lodged In Central Jail, Udaipur Through His Father Shri Gattu Ji S/o Shri Amra, Aged About 58 Years, R/o Moradi, PS Chitari, District Dungarpur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Kalu Ram Bhati |
|---|---|
| For Respondent(s) | : Mr. Anil Joshi, GA-cum-AAG assisted |
| byMr. Rajat Chhaparwal |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
22/04/2024
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[CRLW-462/2024]
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recommended parole to the present petitioner. The report of the Police, however, opposes parole on the ground of heinous crime and chances of revengeful attitude between the parties without specifying anything particular. The petitioner has undergone a sentence of 09 years, 10 months and 29 days including remission. 4. The Jail Department has submitted its reply. 5. Learned AAG has submitted that since the victim’s family members as well as the neighbours have objected for releasing the petitioner on first 20 days' parole, the Committee has rightly rejected his application for releasing him on first 20 days' parole. It is also submitted that with the release of the petitioner on parole, there is all possibility that the law and order situation may be disturbed.
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first parole of 20 days strictly in accordance with the provisions of Parole Rules after ensuring its strict compliance as required before his release, 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, Udaipur. 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.
(MADAN GOPAL VYAS),J
(DR.PUSHPENDRA SINGH BHATI),J
38-Neha/Dinesh/-
1 issue framed by the court
Should the petitioner be released on first 20 days' parole despite rejection of his application based on an adverse police report?
2 provisions across 2 enactments
Govind S/o Gattu Ji
State of Rajasthan, Home Department
The District Collector, Dungarpur
The Superintendent, Central Jail, Udaipur
Pushpendra Singh Bhati
Madan Gopal Vyas
As recorded by the court registry
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