AYUB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner aggrieved of rejection of his prayer for third parole of 40 days by the Committee in its meeting dtd. 20/3/2023 (Annex.2).

(2.) The Committee rejected the prayer of the petitioner for releasing him on 40 days' parole, inter-alia, observing that in case the petitioner is released on parole, the same may lead to law and order situation. A further indication was made that the petitioner has been visited with jail punishment on 18/5/2022 and 4/12/2022 for remaining absent from jail workshop and, therefore, he was not entitled to be released on parole.

(3.) Learned counsel for the petitioner made submissions that on similar grounds earlier also the first regular parole for a period of twenty days was denied to the petitioner, which was challenged before this Court by filing D.B. Criminal Writ Petition No.162/2019 : Jamal Khan vs. State of Rajasthan and Ors., which petition filed by convict's father, came to be allowed on 8/5/2019 and, therefore, rejection of the prayer for release on parole is not justified. Further submissions have been made that for not attending the workshop, the jail punishment of deduction of four days' remission has already been imposed on the petitioner and, therefore, the same cannot be a reason enough for denying release on parole of the petitioner. Submissions have also been made that on two occasions, the petitioner was released on parole, which liberty has not been misused by him and, therefore, the rejection of said grounds is not justified.