Sharwan Ram vs State Of Rajasthan
2021 Latest Caselaw 13022 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 214/2021

Sharwan Ram S/o Sh. Harsukh Ram, Aged About 43 Years, At Present Lodged In Open Air Camp, Kaishwana, Jalore Through His Wife Smt. Gandhi Devi W/o Sh. Sharwan Ram, Aged About 38 Years, R/o Village Fitkashni, P.s. Kudi Bhagtasni, Housing Board, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Home Dept. Jaipur.

2. Director General Jail, Jaipur.

3. The District Collector, Jodhpur.

4. The Dy. Superintendent, District Jail, Jalore.

----Respondents

For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. Farzand Ali, G.A.- cum- AAG Mr. Abhishek Purohit

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

24/08/2021

This criminal parole writ petition has been filed by the

petitioner-convict being aggrieved with the order dated

15.04.2021 whereby, the Home Department of the State of

Rajasthan while relying on the recommendations of the State level

Parole Committee has refused to release the petitioner on

permanent parole.

It is contended by counsel for the petitioner that the

petitioner was convicted and sentenced for life imprisonment by

the Additional District Judge, Fast Track No.2, Jodhpur vide

(2 of 3) [CRLW-214/2021]

judgment dated 09.05.2007 and the appeal against the said

judgment preferred by the petitioner has also been dismissed by

this Court. It is argued that till May 2021, the petitioner has

served seventeen years, seven months and twenty one days of

incarceration. It is further submitted that the petitioner has

availed first, second and third parole and abide all the conditions

of the said paroles and keeping in view such circumstances, he is

entitled to be enlarged on permanent parole but the respondent

authorities have illegally denied the benefits of permanent parole

to the petitioner.

Reply to the writ petition has been preferred on behalf of the

State wherein, it is mentioned that since the petitioner was

indulged in criminal activities while he was in jail and is also

having criminal history, he is not entitled for the benefits of

permanent parole. An additional affidavit has also been filed on

behalf of the State furnishing details of criminal antecedents of the

petitioner.

Having heard learned counsel for the parties and after going

through the material available on record, particularly the criminal

antecedents of the petitioner, it is noticed that no criminal case is

filed against the petitioner after 2014 and in some of the cases, he

has been acquitted, however, other cases are pending trial. Be

that as it may, as the petitioner is in jail for the last more than

seventeen years and availed parole without there being any

breach of conditions, we are of the opinion that he is entitled to be

enlarged on permanent parole.

Hence, this writ petition is allowed and the order dated

15.04.2021 denying benefit of permanent parole to the petitioner

is set aside.

(3 of 3) [CRLW-214/2021]

The authorities concerned shall release the petitioner-

Sharwan Ram S/o Sh. Harsukh Ram on permanent parole in

accordance with law by imposing usual conditions.

(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J

Surabhii/21-

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