R.S.CHAUHAN, J. - (1.) INCARCERATED in Central Jail Ajmer, a convicted prisoner, Sitaram, has sent a letter to this Court which has been treated as a letter petition by this Court.
(2.) THE petitioner has pleaded that ever since his conviction, his four elder brothers have separated from his mother. His old mother cannot look after herself, for, she continues to be ill. According to him, he had applied for his first parole of twenty days and had prayed that he be released on personal bond. However, his case has been rejected. Hence, his prayer before this court that he be released on his first parole on his personal bond. The State has filed its reply. According to the Deputy Government Advocate, Mr. K.R. Bishnoi, as of 23.08.2012 the petitioner has already served an actual sentence of nine years, three moths, and seventeen days. He has also earned remission of three years, five months and ten days. Thus, in total, he has spent tweleve years, eight moths and twenty seven days. Although the petitioner was eligible, but he cannot be released on his personal bond as the Rajasthan Prisoners (Release on Parole) Rules, 1958 do not permit a release of a convicted on personal bond. Thus, by order dated 21.06.2012, the District Parole Committee has rejected his case. Since the Committee has rejected his case on the basis of the Rules, Mr. Bishnoi has supported the impugned order. Heard the learned counsel for the State and perused the imugned order dated 21.06.2012. Although incarceration of a person necessarily implies deprivation of his fundamental rights, but the fundamental rights are not completely obliterated. The twin rights of "life" and "personal liberty" continue to glow even in the dark corners of a prison. Realizing these twin aspects, the Parole Rules were created as a piece of social beneficial legislation for the benefit of the large number of convicted prisoners. Even when the convicted prisoner is serving a "term of imprisonment" or of "life imprisonment", he does have a right of consideration of his case for parole. During the parole period personal liberty is restored for a limited period. Repeatedly, the Hon'ble Supreme Court and this Court have held that parole serves three purposes; firstly, it re-establishes the link between the prisoner and his family; secondly, it permits the prisoner to move freely in the mainstream of society; thirdly, it is a motivational method to encourage the prisoner to reform himself during the period of incarceration. In fact, Rule 13 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 ('the Rules', for short) clearly states that parole should be used as a means to teach good behaviour to the prisoner. Keeping these views in mind, both Hon'ble Supreme Court and this Court have repeatedly held that the parole should be granted as liberally as possible. While considering the cases, the Advisory Committee should be alive to the constitutional mandate and to the philosophy which underlines the Parole Rules. Under the Rules the convicted prisoners have the right of consideration of being granted the parole in case they where to fulfil the eligibility requirement laid down by the Rules. The right of consideration is a substantive right. It cannot be converted into an illusory right by imposition of onerous condition. The District Parole Committee/Advisory Committee have to keep in mind the stark reality of this country where poverty stalks the land. However, poverty cannot deprive a convicted prisoner of the fundamental right to life - the right to life would include the right to associate with one's family and, if found eligible, to be released on parole. After all, parole is means to restore the fundamental right of movement and is a means to restore the family ties. They should be sensitive to the economic condition of the convicted prisoner.
(3.) THEREFORE, this parole petition is allowed and the respondents are directed to release the petitioner, Sita Ram S/o Mahi Ram, on a first regular parole of twenty days provided he furnishes a personal bond of Rs.25,000/- to the satisfaction of the Superintendent, Central Jail Ajmer. The petitioner is directed to maintain peace and tranquility during his furlough, and to report back to the Central Jail, Ajmer after completion of the Twentieth day of his first regular parole.;