LAWS(RAJ)-2019-2-125

LEHARI DEVI Vs. STATE OF RAJASTHAN

Decided On February 04, 2019
Lehari Devi Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The petitioner Lehari Devi being mother of the convict Daya Ram has filed the instant writ petition for assailing the recommendations dtd. 18/12/2018 issued by the District Parole Committee, Pali whereby, the petitioner's son the convict Daya Ram was denied the opportunity to avail the first parole. The parole committee, in its recommendations, noted that the convict and the complainant belong to the same village and if the convict is released on parole, it would adversely affect the opposite party and the possibility of quarrel ensuing cannot be ruled out. An apprehension has also been expressed that the convict may abscond.

(3.) We feel that in small communities where the victim's family and the family of the accused are residents of the same village, such possibility can never be ruled out. However, if this reason is used for denying the parole to a convict, no person would ever be released on parole. The possibility of a quarrel ensuing and the possibility of abscondence of the convict can very well be checked by imposing suitable conditions and demanding heavy bonds.