- (1.) HEARD learned counsel for the petitioner as well as learned Deputy Govt. Counsel. Perused the reply as well as the petition.
(2.) THIS petition has been moved for grant of first regular parole in view of the fact that the application submitted by the petitioner was rejected by the respondents vide Annexure-2 dated 11.06.2009. While rejecting the application, the adverse report of Superintendent of Police, Jaipur was the primary consideration before the Advisory Committee. As per the report of the Superintendent of Police, it was stated that the general reputation of the prisoner is not good. With a view to satisfy ourselves as to what exactly the Superintendent of Police has mentioned in its report, the same was called from the respondents and as per the letter of the Superintendent of Police dated 30.04.2009, which has been filed by the respondents, we find that nothing specific against the petitioner has been pointed out in this behalf. The conduct of the petitioner in jail, as per the nominal role, has been found to be satisfactory. The Social Welfare Officer has also made recommendations in favour of the petitioner. We also find from the record that earlier the petitioner vide order Annexure-1 dated 17.02.2005, was granted emergent parole for a period of 15 days and nothing untoward or adverse against the petitioner has been brought on record while the petitioner was released on emergent parole vide Annexure-1. Looking to the above facts and circumstances of the case and in view of the fact that no specific averment with regard to why parole should not be granted to the petitioner, has been mentioned by the Superintendent of Police in his report dated 30.04.2009 and keeping in view the principles with regard to grant of parole to the prisoners, we deem it to be a fit case for allowing this petition and release the petitioner on first regular parole for a period of 20 days as per rules. Consequently, we allow this petition, directing the Superintendent, Central Jail, Jaipur to release petitioner Mohd. Mohsin Khan S/o Shri Putan Khan, R/o P.No. 999, Dudu House, Koyle Wali Gali, Ramganj Bazar, Jaipur (presently confined in Central Jail, Jaipur) on first regular parole for a period of 20 days, which shall commence from the date of his release, upon furnishing his surety for a sum of Rs. 50,000 (Rs. Fifty thousand only) along with two sureties of Rs. 25,000/- (Rs. Twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Jaipur, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Jaipur shall also fix a date for his surrender before the jail authorities.
(3.) THE writ petition stands allowed with the aforesaid directions.;