The Rajasthan High Court recently ruled that parole cannot be granted to qualified prisoners on the grounds that concurrent release of convicts from the same village and associated with the same crime would send the incorrect message to society. As a result, the Bench of Justice Sandeep Mehta and Justice Manoj Kumar Garg set aside the District Parole Advisory Committee, Churu's adverse recommendations about the imprisoned petitioner. The Court was considering a parole writ petition brought by convict-petitioner Bhawani Singh (who has been in custody for more than 9 years) challenging the Release Board's decision to deny his application for second parole.
The Churu District Parole Advisory Committee denied the parole application on the grounds that three accused, all of whom are members of the same village, were convicted in the same case and that releasing all three on parole at the same time would send the incorrect message to the community. The District Parole Advisory Committee denied the convict-parole petitioner's application but granted parole to the other two. Asserting that the grounds for this explanation and the adverse parole recommendations are "completely flimsy and intolerable," Additionally, the Court stated that in the alternative, the convict-parole petitioner's application could have been left pending until such date. Notably, the Court noted that by rejecting the petitioner's parole application in such a mechanical manner, the parole advisory committee severely delayed the petitioner's eligibility for parole consideration. Additionally, the Court stated that if the parole committee's conduct were justified, they may have considered awarding second parole to the convict-petitioner after the other two surrendered.
As a result, the Court ordered that the petitioner be released on second parole for thirty days upon furnishing a personal bond in the sum of Rs.80,000/- with two sound and solvent sureties in the sum of Rs.40,000/- each satisfactory to the Superintendent, Central Jail concerned, on the customary terms and conditions. The Rajasthan High Court decided on Wednesday that all eligible convicts be informed of their right to be evaluated for parole as soon as their case becomes ripe.
Tags : #Prisoner, #Society, #Parole