Rajasthan HC: Parole cannot be denied to Eligible Prisoners, releases Convicts

PRISON Law Insider

Snehal Upadhyay-

The Rajasthan High Court held that parole can’t be denied to eligible prisoners on the grounds that simultaneous release of convicts, who belong to the same village and are associated with the same crime.

The division bench comprising Justice Sandeep Mehta and Justice Manoj Kumar Garg dissolved the recommendation given by the District Parole Advisory Committee.

The Court was hearing a parole writ petition which was filed by convict-petitioner Bhawani Singh who’s serving in prison for more than 9 years, he alleged the Parole authority for rejecting his application for the second time.

The District Parole Advisory Committee, Churu contended that all the three accused including Bhawani Singh resided in the same village and have been convicted for committing the same offence, hence if they are released on bail one after the another it will be a wrong impression towards the society.

The Court observed that the explanation was “Absolutely perfunctory and unacceptable.”

The Court said the following reason for not granting bail is not at all acceptable and hence the convict person’s right has also been infringed on the ground of their release on parole being delayed.

As a consequence of which the Court directed the petitioner to be released on second parole of thirty days upon his furnishing a personal bond in the sum of Rs.80, 000/- with two sound and solvent sureties of Rs.40, 000/- each to the satisfaction of Superintendent, Central Jail concerned on the usual terms and conditions.

Also read: Kerala HC seeks State’s response on Parole granted to Convicts in Sister Abhaya Murder Case

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