[2025:RJ-JP:24172-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 640/2025 Himmat @ Hemant S/o Shri Babulal, Aged About 27 Years, R/o Village Pratapgargh, Police Station Deikhera, District Bundi (Raj.) (At Present Central Jail Kota), Through Brother Akash Kumar S/o Babulal Aged 25 R/o Pratapgarh, Dhageria, District Bundi (Raj.). ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. The District Magistrate, Bundi (Raj.). 3. Superintendent Central Jail, Kota (Raj.). ----Respondents For Petitioner(s) : Mr. Naveen Verma For Respondent(s) : Mr. Sudesh Saini, AGA with Mr. Aman Kumar HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 02/07/2025 1. The convict-prisoner through his brother, the petitioner herein, has preferred this criminal writ petition (parole) seeking release on first regular parole for a period of twenty days. 2. Learned counsel for the petitioner contends that the convict- prisoner has remained in custody for a period of more than nine years. His jail conduct as per the report of the Superintendent, Central Jail, Kota is satisfactory. The Superintendent, Central Jail, Kota as well as Social Welfare Officer both have recommended case of the prisoner for release on first parole. But parole application of the convict-prisoner has been rejected by the [2025:RJ-JP:24172-DB] (2 of 3) [CRLW-640/2025] District Parole Advisory Committee on the ground that the Superintendent of Police, Bundi has given an adverse report against the convict-prisoner. It is contended that there was no foundation and justification for such adverse report. 3. Learned Addl. GA opposes the petition and contends that Superintendent of Police, Bundi has not recommended case of the prisoner for grant of benefit of parole on the ground that distance of victim party’s residence is 500 meters from the residence of prisoner and there is possibility of victim party committing any incident with prisoner. 4. We have considered the contentions. 5. Considering the fact that the convict-prisoner has remained in custody for a period of more than nine years; jail conduct of the convict-prisoner is satisfactory; Superintendent, Central Jail, Kota as well as Social Justice Department have 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 prisoner, we deem it proper to allow present writ petition (parole) and set aside the order/ recommendation dated 26.11.2024 qua the petitioner. 6. The Criminal Writ Petition (Parole) is accordingly, allowed. The order/recommendation dated 26.11.2024 of the District Parole Advisory Committee qua the convict-prisoner is quashed. The Jail Authorities are directed to release the convict-prisoner on first regular parole for a period of twenty 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, Kota with the stipulation that he shall surrender himself before the Jail [2025:RJ-JP:24172-DB] (3 of 3) [CRLW-640/2025] Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period. 7. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with Law. 8. The Registrar (Judicial) is directed to send a copy of this order to Superintendent, Central Jail, Kota by fax today itself for necessary compliance. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/57