LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE accused petitioner sought second parole which was declined by the Parole Advisory Committee vide its order dated 31. 03. 2009. It is not in dispute that the accused petitioner who is serving life imprisonment has already served 2/3rd of his sentence and, therefore, he is entitled for the consideration of second regular parole, as per Rule 9 of the Rajasthan prisoners Release on Parole Rules, 1958. His second regular parole has been denied on the basis of the report given by the Superintendent of Police, Ajmer whereas the Superintendent, Central Jail, Ajmer found his conduct satisfactory during the period when he earlier released on first regular parole. It is settled law that on the ipse dixit police report, the parole could not be refused.

(3.) KEEPING in view the facts and circumstances of laxman Singh. VS State of Rajasthan and Others. the present case, we deem it just and proper to release the accused petitioner on second regular parole. Therefore, it is directed that the accused petitioner be released on second regular parole as per Rule 9 of the parole Rules upon his furnishing a solvent surety in the sum of Rs. 40,000/- along with two sureties of rs. 20,000/- to the satisfaction of the Superintendent, central Jail, Ajmer. The Superintendent, Central Jail, ajmer is directed to fix a date for the surrender of accused petitioner before him. Subject to the above, this writ petition stands disposed of.