KHAN BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner's husband (convict), who is languishing in Central Jail, Udaipur, has preferred the present parole seeking release on second parole for 30 days.

(2.) The petitioner's husband applied for his release on parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (For short hereinafter called 'the Rules'). The authorities rejected the application made by the petitioner's husband by their order dtd. 13/1/2025. It is against this rejection, the petitioner's husband is in writ.

(3.) Learned Counsel for the petitioner submits that the petitioner's husband was released on first parole by this Hon'ble Court vide order dtd. 19/10/2023 passed in D.B. Criminal Writ Petition No. 1669/2023, which reads as follows:- "This writ petition is filed by the petitioner being aggrieved with the decision of the District Parole Advisory Committee, Banswara (for short Rs.the Committee') dtd. 3/8/2023, whereby the application filed by the petitioner for releasing him on 20 days' first parole has been rejected. The Committee, while rejecting the application of the petitioner for releasing him on 20 days' parole, has relied upon the report of the Superintendent of Police, District Bhilwara, wherein he has objected for releasing the petitioner on 20 days' parole, however, at the same time, the Department of Social Justice, in its report, has recommended for releasing the petitioner on 20 days' first parole indicating that earlier also, he was released on interim bail and at that time, no untoward incident took place. Taking into consideration the fact that earlier the petitioner was released on temporary bail and during that period, he did not involve in any criminal activity, this writ petition is allowed. The decision of the Committee in its meeting dtd. 3/8/2023 is set aside qua the petitioner and it is ordered that the petitioner shall be released on 20 days' first parole, provided he furnishes a personal bond of Rs. 50,000/- along with two sureties of Rs. 25,000/- to the satisfaction of the Superintendent of Police, Udaipur on usual terms and conditions." 3. The Jail Department has submitted its reply.