- (1.) CONTENTION of learned counsel for the petitioner is that the petitioner had applied for first regular parole. Even though his jail conduct was satisfactory and social welfare department also recommended for his release on parole yet the district parole advisory committee rejected his prayer for release on parole on the ground of adverse police report. The Superintendent of Police, Jaipur has sent a report that release of the petitioner on parole would adversely affect the society. It is argued that the petitioner has completed more than 7 years in jail thus he is entitled to be released on first parole.
(2.) LEARNED Public Prosecutor has opposed the the petition and has submitted that not only the adverse report of the police but also his appeal is also pending against his conviction and therefore he would not be released on parole.The decision of district advisory parole committee was just and proper. Otherwise also, his case for release on parole cannot be considered because a criminal appeal against his conviction bearing D.B. Criminal Appeal No.251/2012 is pending adjudication before the this court, in view of the judgment of a Division Bench of this Court in Umesh Kumar Singh @ Munna Singh Vs. The State of Rajasthan ­ 2012 (3) WLC (Raj.) 739. As per contrary judgments of another Division Benches of this Court in Bhanwar Lal Godara and Others Vs. State of Rajasthan and Others ­ 2005 (1) WLC (Raj.) 93 and Gani Khan Vs. State of Rajasthan ­ 2010 (1) Cr.L.R. (Raj.) 378, there is no impediment for release of a convict on parole, whose appeal against conviction has not been decided. Subsequent Division Bench judgment of this court in Sanjay Jain @ Nawab Vs. State of Rajasthan and Others, D.B. Civil Writ (Parole) Petition No.18721/2012, decided on 28.01.2013, has held the earlier Division Bench judgments would continue to hold field till they are reversed by the larger bench.
(3.) WE find that the order of District Magistrate,Jaipur dated 16.7.2012 in which the case of the petitioner has been dealt with at item no.4 and even though there was no adverse report form the social welfare department and the jail conduct of the petitioner was also satisfactory, the District advisory parole committee has mechanically rejected the application of the petitioner only on the grund of adverse police report. The adverse police report is absolutely vague as nothing has been stated that in what way or in what manner the release of the petitioner on parole would adversely affect the society. Release on parole is a part of the reformative step of the State Government by which prisoners can be brought to mainstream of the society when they are released after completing the sentence. There should be justifiable reasons in the adverse police report not to release the prisoner on parole.;