JUDGEMENT
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(1.) A request of the petitioner to release him on parole as per provisions of rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958, was refused on 12.10.2009 by the District Parole Advisory Committee, hence this petition for writ is preferred.
(2.) IT is submitted by the petitioner that as per the report given by the Superintendent, Central Jail, Bharatpur, the conduct of the petitioner is satisfactory and also that after availing first parole from 5.8.2008 to 24.8.2008 he surrendered himself for undergoing sentence, and as such no misuse of indulgence was made by him. Reply to the writ petition has been filed on behalf of the respondents stating therein that the Superintendent of Police, Bharatpur, by letter dated 5.10.2009 opposed the grant of parole on the count that the same may cause injury to peace and tranquility. IT is also stated that the Deputy Director, Department of Social Justice, opposed the grant of parole.
I have considered the arguments advanced and also the record available. It is not in dispute that the conduct of the petitioner is found satisfactory by the Superintendent, Central Jail, Bharatpur, and the petitioner also satisfactorily and peacefully availed the first parole from 5.8.2008 to 24.8.2008. Looking to this factual position, I do not find any just reason to deny the second parole to the petitioner.
Accordingly, this petition for writ is allowed. The Superintendent, Central Jail, Bharatpur, is directed to release the petitioner on parole in accordance with the provisions of rule 9 of the Rules, 1958 and during the parole, the petitioner shall be under supervision as per provisions of rule 11 of the Rules of the aforesaid.;
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