BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner Bharat Singh through his brother -in -law Sampat Singh seeking first parole. Contention of learned counsel for petitioner is that petitioner was convicted and sentenced to ten years rigorous imprisonment vide judgment dt. 05.10.2011 of learned Special Judge SC/ST Court, Sikar under Sec. 376 IPC in Sessions Case No. 02/2010. His criminal appeal is pending before this Court. He has completed more than three years of his sentence with remission. Petitioner's case for regular parole of 20 days has been rejected by the Advisory Committee in its meeting dt. 12.07.2012 on the ground of adverse reports of police and Social Welfare & Probation Officer. Petitioner's case has been recommended by the Jail Authority despite that upon mechanical grounds petitioner's case for first regular parole has been rejected. Learned counsel for petitioner in support of his case, relied on a Division Bench judgment of this Court in Bashir Khan vs. State of Rajasthan,, 2012 (4) Cr.L.R. (Raj.) 1790, wherein also despite adverse reports of Superintendent of Police, Pratapgarh and Social Welfare Officer, Pratapgarh, the Court granted regular parole to petitioner therein.

(2.) ONE of the grounds on which Social Welfare & Probation Officer has advised that all the three accused cannot be released simultaneously because that might make the situation tense as the complainant is residing only few meters away from house of the accused. If that be so, respondents may decide not to release all the three accused simultaneously but they may decide to release them one after another.

(3.) KEEPING in view the facts afore -stated and the fact that detenue has already served sentence for more than three years out of the total sentence of ten years and that there is no adversity alleged against him even by Jail Authorities, I am inclined to grant indulgence of regular first parole to petitioner detenue Bharat Singh for twenty days.