- (1.) HEARD learned counsel for the petitioner as well as the learned counsel for the State and perused the record including the reply filed by the State.
(2.) THIS petition for release on first regular parole has been filed by the petitioner who has undergone 9 years and 11 months sentence as per nominal roll annexed with the reply. His conduct in jail has been shown to be satisfactory. The Advisory Committee has rejected the application submitted by the petitioner for being released on first regular parole for 20 days on the adverse report given by the SP. We have considered the aforesaid report. We find that so far as the Social Welfare Officer is concerned, he has given the recommendation in favour of the petitioner for being released on first regular parole. Having regard to the principles governing release on parole and the fact the petitioner has undergone 9 years and 11 months in jail as per nominal roll dated 30.6.2012 and the fact that the Social welfare department has recommended the case of the petitioner for being released on first regular parole. We are inclined to hold that the petitioner be released on regular parole for 20 days. The only ground in the report of the SP is that the houses of the deceased and that of the petitioner are in the neighbourhood is of no consequence in the facts and circumstances of the case. The petitioner has already undergone a sufficient long period in jail. Keeping in view of the above facts and circumstances of the case and the principles governing the Release of Prisoners on Parole, we are of the view that the petition deserves to be allowed. The civil writ petition (parole) is allowed and the petitioner Mahesh S/o Shri Ramphal shall be released on first regular parole for 20 days on his furnishing personal bond in a sum of Rs.50,000/- (Fifty Thousand only) with two sureties of Rs.25,000/- (Twenty Five Thousand) each, to the satisfaction of the Superintendent, Central, Jail, Bharatpur on usual terms and condition and as per rules along with condition that he shall not leave the jurisdiction of District Karauli. The Superintendent, Central Jail, Bharatpur shall also fix the date for surrender of the accused petitioner. The petition accordingly, stands allowed as aforesaid. ;