Rajasthan High Court Grants Third Parole To Convict Despite Earlier Unauthorized Absence, Cites Long Custody & Favourable Reports

The Rajasthan High Court has granted third regular parole to a convict whose application was earlier rejected by the District Parole Advisory Committee on the ground of his unauthorised absence during a night inspection while he was lodged in an Open Air Camp, following which he was sent back to jail.

A division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma took into account the petitioner's prolonged custody, satisfactory conduct during his first and second regular paroles, timely surrender on both occasions, and favourable reports from the District Probation and Prison Welfare Officer and the Social Justice and Empowerment Department.

For context, the petitioner was a convict, lodged in the Central Jail, Jodhpur, who had applied for a third parole of 40 days, which was rejected based on this unauthorized absence from Open Air Camp on an earlier occasion. Hence, the present petition was filed.

The petitioner argued that during 1^st two paroles, he surrendered within prescribed timelines, and his conduct was also found satisfactory. Further, the District Probation and Prison Welfare Office and the Social Justice and Empowerment Department had also expressed their approval for grant of parole, and no objection was raised by the Superintendent of Police, Kota.

After hearing the contentions and taking into account the material on record, the Court allowed the petition, on furnishing of personal and sureties, considering totality of circumstances, and set aside the order of the District Parole Advisory Committee.

The concerned Jail Authority was directed to be at the liberty to impose any other adequate and reasonable conditions to ensure return of the convict petitioner to custody after expiry of the parole period.

Counsel for Petitioners: Mr. Pravin Kumar Choudhary

Counsel for Respondents: Mr. Deepak Choudhary, AAG