Adverse Police Report Cannot Be A Ground For Refusing Parole: Rajasthan High Court

Rajasthan High Court has ruled that if the parole applicant did not suffer from any ineligibility for his/her release under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the Rules), an adverse police report could not be a ground in itself for refusing the parole.

The division bench of Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg observed that parole was a device of reformation and rehabilitation of a criminal into society and such object of parole could not be frustrated on the basis of vague and ill-founded reasons.

The Court was hearing a petition filed by a prisoner seeking release on parole for 20 days. The petitioner was convicted in a murder case and was undergoing life-imprisonment. He had served a period of 10 years and 6 months, and had applied for his first parole to the police authorities. Reports of the Jail Authorities as well as the Social Welfare Department were also in favour of the petitioner.

However, the application was rejected by the authorities on the ground that the police report said that the life of the accused might be in danger due to the grave nature of the offence as well as the revengeful attitude of the sufferer. Hence, petition was filed against this rejection.

The Court rejected the police report and observed that law and order was an issue that had to be seen by the State and unless there was something peculiar, it could not become a ground for refusal of parole.

“Ipsi dixit reason of adverse police report cannot be a ground for refusing parole…The law and order is the issue which has to be seen by the State and unless there is something very peculiar which is pointed out, the law and order cannot become a ground for refusal of parole, which is enshrined under the rules.”

Accordingly, the petition was allowed and the petitioner was directed to be released on parole for 20 days.

Title: Chaina Ram v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 317

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