KISHOR KUMAR Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) This parole writ petition has been filed by the petitioner for grant of fourth regular parole of 40 days.

(2.) Learned counsel for the petitioner has contended that Jail conduct of the petitioner is satisfactory and there is no complaint against the petitioner and Assistant Director, Social Justice and Empowerment Department, Sikar as well as Sarpanch, Gram Panchayat Kushalpura both have recommended case of the petitioner for grant of regular fourth parole of 40 days. Learned counsel for the petitioner has cited order dated 30.05.2014 passed by Co-ordinate Bench of this Court at Principal Seat at Jodhpur in Parole Writ Petition No. 3420/2014 filed by son of the petitioner Rahul Bhargava and argued that ground of pendency of criminal case against the petitioner as well as adverse report of Superintendent of Police, Sikar were also available with the respondents at the time when the petitioner applied for grant of regular third parole and the Co-ordinate Bench of this Court in the aforesaid writ petition after considering both the facts released the petitioner on regular third parole. Learned counsel for the petitioner has argued that District Parole Advisory Committee, Sikar has not considered either jail conduct of the petitioner or favourable report/recommendation of Social Justice and Empowerment Department, Sikar and mechanically relied on the adverse report submitted by Superintendent of Police, Sikar and the fact of pendency of criminal case against the petitioner by overlooking order dated 30.05.2014 passed by this Court on earlier occasion. The petitioner has remained in jail for about 10 years, 10 months and 10 days after inclusion of remission, but he has not been granted benefit of fourth regular parole. It is, therefore, prayed that order dated 04.09.2015 passed by Respondent No. 2 be quashed and set aside qua the petitioner and the petitioner be released on fourth regular parole of 40 days.

(3.) The petitioner was declined third regular parole by the respondents due to the fact that a criminal case No. 11/2014 was registered against the petitioner for offence under Section 471 IPC on the ground that his wife prepared a false medical prescription claiming parole as well as adverse report of Superintendent of Police, Sikar. The petitioner thereafter, approached Principal Seat of this Court at Jodhpur by filing Parole Writ Petition No. 3420/2014 and the Co-ordinate Bench of this Court, after dealing with this fact as well as availability of adverse report of Superintendent of Police against the petitioner, but taking note of the fact that conduct of the petitioner in jail as also during his stay outside the jail when he was granted first and second parole was satisfactory, allowed the writ petition observing thus: