Court sets aside District Parole Advisory Committee's rejection, citing satisfactory conduct and approvals from multiple authorities; parole granted for 40 days subject to bond and sureties
In a significant ruling on September 28, 2026, the Rajasthan High Court bench comprising Justices Vinit Kumar Mathur and Chandra Shekhar Sharma allowed the third regular parole petition of Santosh, a convict lodged in Central Jail, Jodhpur. The petitioner's application had been earlier rejected by the District Parole Advisory Committee, Kota, on the grounds of unauthorized absence during a night inspection while in the Open Air Camp.
The petitioner had previously availed two paroles- the first for 20 days and the second for 30 days - during which he surrendered within the stipulated time and maintained satisfactory conduct. The rejection of the third parole application was challenged through a civil writ petition filed by the convict's wife.
The High Court noted that the petitioner fulfilled the eligibility criteria under the Rajasthan Prisoners Release on Parole Rules, 2021. Crucially, the District Probation and Prison Welfare Officer, the Social Justice and Empowerment Department, and the Superintendent of Police, Kota, all provided favorable reports or raised no objections to the grant of parole.
Balancing the totality of circumstances, including the petitioner's prolonged custody, prior good conduct during paroles, and the positive endorsements from relevant authorities, the Court set aside the rejection order dated December 27, 2025. Santosh was directed to be released on third regular parole for a period of 40 days on furnishing a personal bond of Rs. 50,000 and two solvent sureties of Rs. 25,000 each. The Jail Authority was also authorized to impose reasonable conditions to ensure the petitioner's return after the parole period.
This ruling underscores the judiciary's careful consideration of parole eligibility, focusing on rehabilitation prospects and adherence to procedural norms, while balancing public safety concerns.
Bottom Line:
Parole - Third regular parole - Rejection on ground of unauthorized absence during night inspection while in Open Air Camp - Petitioner had earlier availed first and second regular paroles, surrendered within stipulated time and his conduct during parole was satisfactory - Favorable reports by Probation and Prison Welfare Officer, Social Justice and Empowerment Department and no objection by Superintendent of Police - Rejection order set aside and third regular parole for 40 days granted subject to bond and sureties.
Statutory provision(s): Rajasthan Prisoners Release on Parole Rules, 2021
Santosh v. State of Rajasthan, (Raj)(DB) : Law Finder Doc Id # 2994754
