JUDGEMENT
R.S.CHAUHAN,J. -
(1.) INCARCERATED in Central Jail Bikaner, a convicted
prisoner, Rinku Singh, has sent a letter to this Court which has
been treated as a letter petition by this Court.
(2.) THE petitioner informs this Court that he has been sentenced to life imprisonment; he is behind the bars for last
five years. He further informs this Court that his conduct in the
jail is quite satisfactory. He also informs this Court that he has
filed an application for his release on first parole of twenty days
before the District Parole Committee. However, vide order
dated 25.06.2012, the said application has been rejected
ostensibly on the ground of adverse police report. He prays that
he may be released on first parole of twenty days to look after
his minor son and his ancestral property.
The learned Addl. Govt. Advocate has contended that as there is adverse report given by the police against the
petitioner, thus, his case for release on first parole has been
rejected.
(3.) IN catena of cases, both the Hon'ble Supreme Court and this Court have repeatedly held that a mechanical report
should not be accepted ipsi dixi by the District Parole
Committee or by the Advisory Committee. The concerned
authorities should be alive both to the philosophy behind parole
as well as to the constitutional mandate. The accused has a
right to re-establish his links with his family during his furlough.
The said right cannot be denied to him in an arbitrary and
unfair manner.;
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