Rajasthan High Court: A petition filed under Article 226 of the Constitution praying to grant first regular parole to the convict-petitioner for twenty days, was allowed by a Single Judge Bench comprising of Kanwaljit Singh Ahluwalia, J.
Earlier, the application for grant of parole filed by the petitioner was declined by the learned District Magistrate. The parole was denied on the ground that there was apprehension that in case the petitioner was released on parole, there may be a breach of peace.
The High Court was of the opinion that the parole is granted to a convict so that he is able to meet his family members and carry his obligations towards family. Release of a convict on parole promotes tranquility, peace, prosperity, happiness and goodwill in the society. Further, mere assertion of the police that public peace will be disturbed, without placing on record any material for the perusal of the court is not sufficient. It is a mere excuse and cannot be raised in every case until the State justify and place on record any substantial material that if the petitioner is released on parole, the same will cause disturbance in the society. In the instant case also, the Court found that no material was placed on record by the police to show how public peace would be disturbed if the petitioner was granted parole.
The Court held that there was no reason to deny parole to the petitioner. Therefore, order of the District Magistrate as mentioned hereinabove was set aside and the petitioner was granted first regular parole for a period of twenty days. [Ram Mohan v. State of Rajasthan, 2018 SCC OnLine Raj 672, dated 02-01-2018]
