[2025:RJ-JP:16923-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 387/2025 Jagmal S/o Shri Amra Ram, Aged About 30 Years, R/o Rodas, Police Station Roopangarh, District Ajmer (Raj.) (At Present Serving Sentence In Central Jail Ajmer) Through His Wife -Bidam Devi S/o Shri Jagmal, Aged About 50 Years, R/o Rodas, Police Station Roopangarh, District Ajmer (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Ajmer (Raj.). 3. The Superintendent, Central Jail, Ajmer. ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Sudesh Saini, Addl. GA with Ms. Neha Goyal HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 22/04/2025 1. The convict-prisoner through his wife, the petitioner herein, has preferred this criminal writ petition (parole) seeking release on first regular parole for a period of 20 days. 2. Learned counsel for the petitioner contends that parole application of the convict-prisoner has been rejected by the District Parole Advisory Committee on the ground that the Superintendent of Police, Ajmer has given an adverse report against the convict-prisoner. It is further contended that the convict-prisoner has remained in custody for a period of more [2025:RJ-JP:16923-DB] (2 of 3) [CRLW-387/2025] than eleven years. The Social Welfare Officer has also recommended case of the prisoner for release on parole. His jail conduct as per the report of the Superintendent, Central Jail, Ajmer is good and there was no justification in rejecting his parole application. 3. Learned Addl. GA opposes the petition and contends that Superintendent of Police, Ajmer has not recommended case of the prisoner for grant of benefit of parole on the ground that he is a member of nomadic tribe and is having no movable or immovable property and he can go anywhere from his parole place and that his release on parole may adversely affect the society and victim party. 4. We have considered the contentions. 5. A prisoner’s being a member of a nomadic tribe cannot be a reason for denying him parole. The decision to grant or deny parole should be based on eligibility criteria outlined in the Rajasthan Prisoners Release on Parole Rules, 1958 and should not discriminate against any group based on their social background. As per rules, parole can be denied on the ground of unsatisfactory jail conduct. It is not the case of the respondents that jail conduct of the prisoner is unsatisfactory and he is otherwise not entitled to be released on parole under the Parole Rules. 6. Considering the fact that the convict-prisoner has remained in custody for a period of more than eleven years; jail conduct of the convict-prisoner is good; social justice department has recommended his case for grant of parole and no documentary evidence in support of adverse police report has been placed on record to deny prayer for grant of first regular parole to the [2025:RJ-JP:16923-DB] (3 of 3) [CRLW-387/2025] prisoner, we deem it proper to allow present writ petition (parole) and set aside the order/recommendation dated 21.08.2024 qua the petitioner. 7. The Criminal Writ Petition (Parole) is accordingly, allowed. The order/recommendation dated 21.08.2024 of the District Parole Advisory Committee, Ajmer qua the convict-prisoner is quashed. The Jail Authorities are directed to release the convict-prisoner on first regular parole for a period of 20 days on furnishing of his personal bonds of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Ajmer with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period. 8. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with Law. 9. The Registrar (Judicial) is directed to send a copy of this order to Superintendent, Central Jail, Ajmer by fax today itself for necessary compliance. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER /70