PRASHANT KUMAR AGARWAL,J. - (1.) Heard learned counsel for the parties.
(2.) By this writ petition, the petitioner, who is undergoing sentence in the Central Jail, Bharatpur seeks grant of second parole for thirty days under the Rules of the Rajasthan Release of Prisoners On Parole Rules, 1958. The petitioner was convicted by the Additional Sessions Judge No.1, Bayana, Bharatpur vide judgment and order dated 24.9.2014 in Sessions Case No.14/2014 for offences under Sections 363, 366 and 376 I.P.C. and maximum sentence of seven years rigorous imprisonment was awarded.
(3.) Learned counsel for the petitioner submits that the petitioner submitted an application before the District Parole Advisory Committee, which was considered in its meeting and the same was dismissed on the ground of adverse police report and accordingly order was passed on 23.2.2017. It was further submitted that the petitioner is in judicial custody since his conviction and he has already availed the first regular parole whereby the petitioner did not breach the conditions of parole and surrendered himself before the concerned Jail Authority in time and thereafter his conduct and behaviour in jail has been good and unblemished and, therefore, he is entitled for second parole as per Rajasthan Release of Prisoners on Parole Rules, 1958 but his prayer for release on second parole was denied vide order dated 23.2.2017 merely on the adverse report of the Superintendent of Police, to the effect that if the petitioner is released on parole, there is possibility of breach of peace. It was submitted that no material is placed on record to substantiate the apprehensions expressed by Superintendent of Police.;