- (1.) BY this petition the petitioner has prayed for grant of first parole.
(2.) IT is submitted that the petitioner was convicted and sentenced for seven years' rigorous imprisonment for the offence under sections 363, 366 and 376 IPC. The petitioner has remained in judicial custody for more than three years upto August,2012. As per Rule 9 of the Rajasthan Prisoners Release on Parole Rules,1958, the petitioner has become entitled for grant of benefit of first parole. The petitioner was released on emergent parole for 15 days for performing the funeral rites of his father, and he had surrendered before the jail authorities well in time. It is further submitted that grant of first statutory parole was recommended by the jail authorities on his application, in view of petitioner's good conduct and also by the Social Welfare Officer. The Superintendent of Police, Bharatpur where the petitioner was to spend his time on parole, however mechanically proceeded to refuse to recommend grant of parole without just cause only indicating "Asahamati " (disagreement). Parole which is the petitioner's legitimate expectation under the Rules of 1958 was thus denied to him. Hence, it is prayed that petitioner be released on first parole.
(3.) THE respondents have filed reply to writ petition and stated that on account of adverse police report the District Advisory Parole Committee has not recommended to release the petitioner on first parole. I have heard rival submissions and scanned the material available on record. It is well settled that on ipse-dixit of the police report, the parole cannot be declined. The District Advisory Committee has rejected the application for grant of parole overlooking the recommendation of the jail authorities, as also the Social Welfare Officer without just cause and has mechanically dittoed the unreasoned negative report of the concerned superintendent of police. Since the petitioner has served sentence for a period of more than three years, I am of the view that he is entitled to be released on first parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules,1958.;