HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 545/2022 Sabu Singh @ Sabla S/o Sh. Bhanwar Singh, Aged About 34 Years, At Prsent Lodged In Open Air Camp Sanganer, Jaipur Through His Father Bhanwar Singh S/o Bane Singh, Aged About 57 Years, R/o Sadasar, P.s. Sardarsahar, Bhanipura, Dist. Churu.
----Petitioner Versus
1. State Of Rajasthan, Dept. Of Home, Jaipur.
2. The Dist. Collector, Jaipur.
3. The Superintendent, Central Jail, Jaipur.
----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Anil Joshi, GA cum AAG assisted by Mr. Pallav Sharma HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 09/01/2023 This parole petition is filed on behalf of the convict-prisoner challenging the decision taken by the District Parole Advisory Committee, Jaipur rejecting the application filed by the petitioner for releasing him on 40 days' regular parole.
The District Parole Advisory Committee, Jaipur has recorded the reason for denying regular parole of 40 days' to the petitioner, which is that his case comes within the prohibited category of the Rajasthan Prisoners Release on Parole Rules, 2021 (for short 'the Rules of 2021').
Learned counsel for the petitioner has argued that the petitioner was convicted for the offence punishable under Section (Downloaded on 09/01/2023 at 11:22:02 PM) (2 of 2) [CRLW-545/2022] 364 and 302 IPC, however, the sentence awarded to him under Section 364 IPC is of five years' rigorous imprisonment and imprisonment of life under Section 302 IPC. Learned counsel has submitted that as on 15.12.2022, the petitioner has served out 11 years, 3 months and 6 days of actual sentence, as such, he has already served out sentence awarded to him for the offence under Section 364 IPC.
As per the judgment of this Court rendered in Hadmant Singh @ Hadmata Vs. State of Rajasthan in D.B. Criminal Writ Petition No.264/2022 decided on 22.07.2022, when a convict has served out sentence for a particular offence, then, there remains no embargo in releasing him on parole under the Rules of 2021.
Learned AAG is not in a position to dispute the above fact. Hence this parole petition is allowed. The recommendations of the District Parole Advisory Committee, Jaipur dated 16.05.2022 rejecting the application filed by the petitioner for releasing him on 40 days' regular parole are set aside.
The Superintendent, Central Jail, Jaipur is directed to release the petitioner on 40 days' regular parole on his furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each.
The convict-prisoner shall surrender before the Superintendent, Central Jail, Jaipur after availing 40 days' regular parole from the date of his actual release. (MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 34-mohit/-
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