MUSE KHAN Vs. STATE OF RAJ

JUDGEMENT

(1.) A letter addressed to this Court by the convict Muse Khan son of Malle Khan, said to be serving the sentence at Open Air Camp of District Jail, Barmer, is treated as a petition seeking 40 days' regular parole in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958' herein after).

(2.) THE petitioner has stated that he sent an application for 40 days' parole to the District Collector, Jaisalmer but his request was rejected on the ground of adverse police report. The petitioner has also stated that he has satisfactorily availed of the liberty of parole on two previous occasions.

(3.) IT needs no emphasis that the object of granting parole is to make necessary efforts to rehabilitate a convict-prisoner in the main- stream of society. Maintaining of law and order and prevention of breach of peace are the aspects required to be taken care of by the authorities concerned but on such vague and uncertain suggestions as noted above, the petitioner cannot be denied parole when he is otherwise eligible and entitled therefor. Moreover, in the present case, when the petitioner had satisfactorily availed of two previous paroles; and where the petitioner appears to have been allowed the facility of Open Air Camp, the District Parole Committee was entirely unjustified in rejecting his case for third parole on mere ipse dixit. In our view, the petitioner-convict deserves the requisite relief.