HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition(Parole) No. 2209/2024 Hansraj S/o Sh. Kishan Lal, R/o Garhtaknet, Police Station Ajeetgarh District Neem Ka Thana (Raj.). (At Present Confined In Central Jail Bikaner) Through His Mother - Smt. Shanti Devi Wife Of Sh. Kishan Lal, Age About 74 Years R/o Garhtaknet, Police Station Ajeetgarh District Neem Ka Thana (Raj.). ----Petitioner Versus 1. State Of Rajashtan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Neem Ka Thana. 3. The Superintendent Central Jail, Bikaner. ----Respondents For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vivek Sharma, AGA Mr. Gaurav Gupta, Asstt. G.A. Ms. Neha Goyal HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 16/01/2025 1. Petitioner through his mother has preferred this Criminal Writ Petition (Parole) seeking first regular parole for a period of 20 days and for quashing & setting aside the order dated 14.02.2024 passed by District Magistrate, Neem Ka Thana, qua the petitioner. 2. It is contended by counsel for the petitioner that jail report of the Social Welfare Department is in favour of the petitioner. However, respondent has erroneously mentioned that Social (2 of 3) [CRLW-2209/2024] Welfare Department has not recommended the release of the petitioner on parole. 3. Learned GA-cum-AAG has opposed the writ petition(parole). It is contended that as per police report wrong message would go the society if petitioner is released on parole. 4. We have considered the contentions. 5 From perusal of the Annx.R-3, it is evident that Social Welfare Department has recommended the release of petitioner on parole. The jail report of the petitioner is also favourable. Petitioner has remained in custody for a period of 9 years. His application for first regular parole was rejected only on the ground that report of the Social Welfare Department is negative which is contrary to the record. The reason assigned by the police that release of the petitioner would have adverse effect on the society, cannot be made a ground for rejection of the first regular parole, hence, we deem it proper to allow the present criminal writ petition(parole) and set aside the order dated 14.02.2024 passed by District Magistrate, Neem Ka Thana, qua the petitioner. 6. Thus, Criminal Writ Petition (Parole) is allowed. The order passed by the District Magistrate, Neem Ka Thana dated 14.02.2024 qua the petitioner is quashed and set aside. The Jail Authorities are directed to release the petitioner on first regular parole for a period of 20 days on furnishing of his personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Bikaner, 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. (3 of 3) [CRLW-2209/2024] 7. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with Law. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J HEENA/38