- (1.) This parole writ petition has been filed by the petitioner for grant of fourth regular parole of 40 days. The petitioner has been convicted and sentenced vide judgment dated 28.01.2009 by learned Special Judge SC & ST(PA) Act Cases, Sikar in Sessions Case No. 33/2007 for offences under Sections 147, 149, 302 IPC and Section 3 of SC/ST Act and 3/27 of Arms Act and serving sentence of life imprisonment in Open Air Camp, Sanganer(Jaipur). The petitioner preferred D.B. Criminal Appeal No. 251/2009 before this Court which was dismissed by this Court vide judgment dated 26.11.2013. It is contended that the petitioner moved applications for first, second and third as well as emergent parole which were granted to the petitioner and he did not misuse the liberty granted to him. Thereafter, the petitioner applied for grant of fourth regular parole for a period of 40 days, but the same has been dismissed by Respondent No. 2, District Parole Advisory Committee, Sikar on account of adverse report submitted by the Superintendent of Police, Sikar and pendency of a Criminal Case No. 11/2014 under Section 471 IPC against the petitioner vide order dated 04.09.2015.
(2.) Learned counsel for the petitioner has contended that Jail conduct of the petitioner is satisfactory and there is no complaint against the petitioner and Assistant Director, Social Justice and Empowerment Department, Sikar as well as Sarpanch, Gram Panchayat Kushalpura both have recommended case of the petitioner for grant of regular fourth parole of 40 days. Learned counsel for the petitioner has cited order dated 30.05.2014 passed by Co-ordinate Bench of this Court at Principal Seat at Jodhpur in Parole Writ Petition No. 3420/2014 filed by son of the petitioner Rahul Bhargava and argued that ground of pendency of criminal case against the petitioner as well as adverse report of Superintendent of Police, Sikar were also available with the respondents at the time when the petitioner applied for grant of regular third parole and the Co-ordinate Bench of this Court in the aforesaid writ petition after considering both the facts released the petitioner on regular third parole. Learned counsel for the petitioner has argued that District Parole Advisory Committee, Sikar has not considered either jail conduct of the petitioner or favourable report/recommendation of Social Justice and Empowerment Department, Sikar and mechanically relied on the adverse report submitted by Superintendent of Police, Sikar and the fact of pendency of criminal case against the petitioner by overlooking order dated 30.05.2014 passed by this Court on earlier occasion. The petitioner has remained in jail for about 10 years, 10 months and 10 days after inclusion of remission, but he has not been granted benefit of fourth regular parole. It is, therefore, prayed that order dated 04.09.2015 passed by Respondent No. 2 be quashed and set aside qua the petitioner and the petitioner be released on fourth regular parole of 40 days. Mr. Sudesh Saini, learned Additional Government Advocate has opposed the writ petition and submitted that Superintendent of Police, Sikar has not recommended case of the petitioner for grant of fourth parole. Besides, a criminal case bearing No. 11/2014 under Section 471 IPC is also pending against the petitioner, therefore, his application was rightly dismissed by the respondents. Superintendent of Police, Sikar has submitted adverse report against the petitioner, but no justification has been given by him for making such assertion and report has been submitted by him in a cursory and mechanical manner.
(3.) The petitioner was declined third regular parole by the respondents due to the fact that a criminal case No. 11/2014 was registered against the petitioner for offence under Section 471 IPC on the ground that his wife prepared a false medical prescription claiming parole as well as adverse report of Superintendent of Police, Sikar. The petitioner thereafter, approached Principal Seat of this Court at Jodhpur by filing Parole Writ Petition No. 3420/2014 and the Co-ordinate Bench of this Court, after dealing with this fact as well as availability of adverse report of Superintendent of Police against the petitioner, but taking note of the fact that conduct of the petitioner in jail as also during his stay outside the jail when he was granted first and second parole was satisfactory, allowed the writ petition observing thus: "From perusal of the decision of the District Parole Advisory Committee as quoted above, it appears that the Committee is not aware about the aims and objects of the Rules of 1958. The Committee as a matter of fact has considered the case of the convict-prisoner in a most mechanical and casual manner. Such kind of exercise by the authority is highly deplorable. While deprecating the same, we have considered the case of the convict-prisoner for grant of third regular parole to the convict-prisoner Kishore Bhargawa S/o. Shri Nagar Mal, resident of Kushalpura, Police Station, Dadiya District Sikar, presently lodged at Central Jail, Bikaner. The convict-prisoner has successfully availed first and second regular paroles in the year 2011 and 2013 respectively. The Assistant Director, Department of Social Justice and Empowerment, Sikar too has recommended for grant of third regular parole to the convict prisoner. The Superintendent of Police, Sikar though has given as adverse remark but that is not supported by any reason. In such circumstances, we are inclined to grant this petition for writ, accordingly the same is allowed. The respondents are directed to release the convict-prisoner for a period of 40 days to avail third regular parole as per the provisions of the Rules of 1958 provided he furnishes two sureties of Rs. 50,000/- each and a personal bond of the same amount to the satisfaction of the Superintendent, Central Jail, Bikaner. The Superintendent, Central Jail, Bikaner while releasing the convict-prisoner on parole shall be at liberty to impose other adequate and reasonable conditions upon him to ensure his return to the State custody after availing the parole.";