Firoz Khan vs State Of Rajasthan
2021 Latest Caselaw 18033 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 507/2021

Firoz Khan S/o Shri Sokat Khan, Aged About 31 Years, At Present Lodged In Central Jail Jodhpur, Through His Father Shri Sokat Khan S/o Shri Lal Mohammad, Aged About 65 Years, R/o Jodhpur Road Behind The Neelam Cinema, Bavariyo Ka Dhora, P.s. Balotra, District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Secretary Of Home Department, Jaipur.

2. The District Collector, Barmer.

3. The Superintendent, Central Jail, Jodhpur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Kalu Ram Bhati
For Respondent(s)        :     Mr. S.S. Rajpurohit, PP



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                    Order

01/12/2021

The present writ petition has been filed for releasing the

convict Firoz Khan on second parole for 30 days. The convict Firoz

Khan who is presently undergoing a sentence at Central Jail,

Jodhpur was convicted for the offence under Sections 344, 366,

363 and 376(2)(n) of IPC and Sections 3 and 4 of the POCSO Act

and Section 3(2) (V) of SC, ST Act vide judgment dated

18.09.2017 passed by the learned Additional District & Sessions

Judge Jalore, in Session Case No. 43/2014.

Heard learned counsel for the petitioner as well as the

learned Public Prosecutor.

(2 of 3) [CRLW-507/2021]

Learned counsel for the petitioner submits that the petitioner

is entitled to be released on second parole as he fulfills all the

requisites of the Rajasthan Prisoners Release on Parole Rules,

1958. Learned counsel further submits that the petitioner was

released on first parole and while he was on parole, no untoward

incident was reported and the petitioner surrendered to the jail

authorities on the time fixed vide order dated 01.07.2020 passed

in S.B. Criminal Writ Petition No. 504/2019.

The reply has been filed by the State Government and it is

stated that the case of the present petitioner was considered and

rejected by the District Parole Committee, Barmer in its meeting

held on 14.07.2021 on the ground that if the petitioner is enlarged

on parole, it will lead to an adverse impact and the wrong

message will be given to the society. It is also stated that there is

also a possibility of scuffle with the victim side. Although, it is not

disputed that Social Welfare and Empowerment Department has

given favorable reports for release of the petitioner on second

parole.

I have considered the submissions made at the Bar and gone

through the order dated 27.07.2021 passed by the District Parole

Committee, Barmer.

The case of the petitioner was considered in the meeting of

District Parole Committee, Barmer held on 14.07.2021. It is also

noted that the petitioner having been released on first parole,

surrendered to the jail authorities on time and no adverse report

was received while the petitioner was released on first parole. It is

also noted that the grant of parole is only for the purpose of re-

establishing the family bonds between the convict and the family

members and therefore, it is considered expedient to allow the

(3 of 3) [CRLW-507/2021]

convict to be released on second parole. It is also noted that the

petitioner fulfills the eligibility as per Rajasthan Prisoners Release

on Parole Rules, 1958 for releasing the convict on second parole.

He does not incur any ineligibility as per Rule 14 of the Rajasthan

Prisoners Release on Parole Rules, 1958.

Accordingly, this writ petition is allowed. The respondents are

directed to grant benefit of second parole of 30 days to the

petitioner if he furnishes personal bond to the tune of Rs. 50,000/-

only.

(VINIT KUMAR MATHUR),J

173-payal/-

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