[2025:RJ-JP:24888-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole)No. 497/2025 Mukesh @ Pappu S/o Shri Prabhatya, Aged About 42 Years, R/o Shisholav, Police Station Bonli, District Sawai Madhopur (Raj.) (At Present In Special Central Jail, Shyalavas, Dausa) Through His Son Namely Kuldeep Mena S/o Shri Mukesh @ Pappu, Aged About 20 Years, R/o Shisholav, Police Station Bonli, District Sawai Madhopur (Raj.). ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Sawai Madhopur. 3. Superintendent Central Jail, Shyalavas, District Dausa. ----Respondents For Petitioner(s) : Mr. Heeral Lal Prajapati For Respondent(s) : Mr. Sudesh Kumar Saini, AGA with Mr. Aman Kumar Ms. Mamta Gupta, Suptd. Of Police, Sawaimadhopur through vc HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 07/07/2025 1. This petition is filed seeking quashing of the order dated 05.03.2025 passed by District Parole Advisory Committee, Sawaimadhopur, whereby, application for release on fifth parole of forty days submitted by the petitioner was rejected. 2. Learned counsel for the petitioner submits that on earlier occasions, the petitioner had surrendered on time and there was no untoward incident reported, yet the prayer for fifth parole has [2025:RJ-JP:24888-DB] (2 of 3) [CRLW-497/2025] been rejected. It is further submitted that as per the report submitted, the conduct of the petitioner in jail is satisfactory. The officer of Social Welfare Department has also recommended case of the petitioner for release on parole the report of Social Welfare Department. 3. Learned Additional Government Advocate has opposed the prayer for release on parole and submits that as per the report submitted by Superintendent of Police, Sawaimadhopur, there was apprehension of disturbance of public peace in case the petitioner is released on parole. 4. On 1 July, 2025, following order was passed which is reproduced as under:- “Learned Additional Government Advocate submits that the parole has been denied relying upon the report filed by the concerned Superintendent of Police that there is an apprehension of disturbance of public peace. He is unable to satisfy the Court that one the petitioner had availed four paroles earlier and there was no untoward incident reported or apprehended, what was the basis for giving the report in the fifth parole. It has come to the notice of this Court that it is not an isolated case where the request for paroles are dealt in such a manner without application of mind. Let the Superintendent of Police concerned remain present before the Court on the next date of hearing. Put up on 03.07.2025” 5. Ms. Mamta Gupta, Superintendent of Police, Sawaimadhopur, who is present through video conferencing, fairly submits that on earlier four occasions, when the petitioner was released on parole, his conduct was satisfactory and he surrendered himself on time. 6. The Court has been apprised that there is a Circular of 2019, wherein, it has been stated that in case of release on parole on earlier occasions, there is no untoward incident and the inmate [2025:RJ-JP:24888-DB] (3 of 3) [CRLW-497/2025] has surrendered on time without any new material, the prayer for parole should not be rejected. The submission is that the said circular has been again circulated among the officers dealing with the prayer for parole, for its implementation in letter and spirit. 7. Considering that there is no adverse material against the petitioner for rejection of a prayer for parole. The Advisory Committee erred in relying upon the report of the Superintendent of Police, which had no basis. 8. The Criminal Writ Petition (Parole) is accordingly, allowed. The order/recommendation dated 05.03.2025 of the District Parole Advisory Committee qua the convict-prisoner is quashed. The Jail Authorities are directed to release the convict-prisoner on fifth regular parole for a period of forty 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 Shyalawas, District Dausa, 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. 9. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with Law. 10. The Registrar (Judicial) is directed to send a copy of this order to Superintendent, Central Jail Shyalawas, District Dausa, by fax today itself for necessary compliance. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J PAYAL DHAWAN /94