SWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned public prosecutor. The petitioner Swai Singh's parole application was rejected by the parole committee in its meeting dated 19.10.2010 on the basis of the report given by the Superintendent of Police, Jodhpur (Rural). However, the Social Welfare Department gave report in favour of the petitioner for his release on parole, with reasons. The Jail Superintendent also opined that in case, the petitioner will be released on first parole, then it will be dangerous for the petitioner as well as to the aggrieved party.

(2.) We considered the reasons given by the Superintendent of Police, Jail Superintendent as well as Social Welfare Department.

(3.) It appears that the Superintendent of Police, Jodhpur (Rural) has given reasons on the basis of only assumptions ignoring the facts of the case whereas the Social Welfare Department has looked into the entire facts of the case and the enquired about complete family persons and status of the family and opined that there will be no danger to the petitioner nor it will have any adverse affect on the society. No cogent reasons have been given by the Jail Superintendent denying release of the petitioner on parole and the reasons given are also imaginary. It is settled law that on imaginary grounds, parole cannot be denied and it will be against the Parole Rules.