Judgment · High Court

HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE JITENDRA RAY GOYAL Mr.Nikhlesh Katarra, for the petitioner. Mr.Sanjay Mehla, Public Prosecutor. ***** By way of this petition, the accused petitioner seeks first regular parole which was declined by the District Parole Advisory Committee in its meeting dated 29.05.2009. It is not in dispute that the accused petitioner has already undergone five years ten months and one day imprisonment as on 30.06.2009 and, therefore, he is entitled for consideration of first regular parole. His parole has been declined on the reports of the Superintendent of Police, Dholpur as well as Social Welfare Department. The reason assigned in both the negative reports is only that it may breach the peace and no specific reason or incident has been given in this regard and nor the same is supported by any material. It is settled law that on the ipse dixit police report, the parole could not be refused. Keeping in view the facts and circumstances of the present case, we deem it just and proper to release 2 D.B.CIV.WRIT PETITION (PAROLE)NO.7571/2009 Om Prakash. VS State of Rajasthan and Others. the accused petitioner on first regular parole. Therefore, it is directed that the accused petitioner be released on first regular parole as per Rule 9 of the Parole Rules upon his furnishing a solvent surety in the sum of Rs.40,000/- along with two sureties of Rs.20,000/- to the satisfaction of the Superintendent, Central Jail, Bharatpur. The Superintendent, Central Jail, Bharatpur is directed to fix a date for the surrender of accused petitioner before him. Subject to the above, this writ petition stands disposed of. (JITENDRA RAY GOYAL),J. (DALIP SINGH),J. Solanki DS, Jr.P.A.