Dharampal vs State Of Rajasthan
2021 Latest Caselaw 18510 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 516/2021

Dharampal S/o Shri Munshi Ram, Aged About 38 Years, At Present Lodged In Open Air Camp Petrol Pump, Jaipur, Under Central Jail, Jaipur Through His Father Shri Munshi Ram S/o Shri Ramchandra, Age About 60 Years, R/o Village Jogiwala, Tehsil Bhadra, District Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.

2. The Director General (Jails), Jaipur.

3. The District Collector, Hanumangarh.

4. The Superintendent, Central Jail, Jaipur.

                                                                   ----Respondents


For Petitioner(s)         :     Mr. Kalu Ram Bhati
For Respondent(s)         :     Mr. Anil Joshi, G.A.-cum-A.A.G.
                                (Incharge)



             HON'BLE MR. JUSTICE VIJAY BISHNOI
        HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                     Order

06/12/2021

This parole petition has been preferred on behalf of the

petitioner being aggrieved with the order dated 6.8.2021 passed

by the State Government whereby his application for releasing

him on permanent parole has been dismissed while observing that

as he has not completed 2/3 of his sentence, no case for releasing

him on permanent parole as per Rule 10 of the Rajasthan

Prisoners Release on Parole Rules, 2021 is made out.

Learned counsel for the petitioner has submitted that the

petitioner has moved an application for releasing him on

(2 of 3) [CRLW-516/2021]

permanent parole on 6.4.2021, however, when his application was

not considered and decided by the respondents, he had preferred

D.B. Civil Writ Petition No.228/2021 before this Court and this

Court disposed of the said writ petition vide order dated

12.05.2021 with a direction to the respondents to consider and

decide the application of the petitioner for releasing him on

permanent parole within a period of eight weeks from the date of

receipt of certified copy of the order.

Learned counsel has submitted that now the respondents

have decided the application of the petitioner vide impugned order

and rejected the same. It is submitted that the petitioner has

moved the application prior to coming into force of the Rajasthan

Prisoners Release on Parole Rules, 2021, which came into effect

on 30th of June, 2021 and the case of the petitioner was liable to

be considered under the Rajasthan Prisoners Release on Parole

Rules, 1958. In support of the contentions, the learned counsel

has placed reliance on the judgment of this Court rendered in D.B.

Criminal Writ Petition No.508/2021 dated 25.11.2021 - Taula Ram

Vs. State & Ors.

Mr. Anil Joshi, learned G.A.-cum-A.A.G. (incharge) has

opposed the permanent parole writ petition.

Having heard learned counsel for the parties, considered the

material available on record and keeping in view the fact that the

petitioner has preferred an application for releasing him on

permanent parole on 6.4.2021 as per the law laid down by this

Court in Tola Ram's case (supra), his application is required to be

considered under the old Rules i.e. Rajasthan Prisoners' Release

on Parole Rules, 1958.

(3 of 3) [CRLW-516/2021]

Hence, this parole writ petition is allowed. The order

impugned dated 06.08.2021 is hereby set aside and the

respondents are directed to consider and decide the application of

the petitioner for releasing him on permanent parole under the

Rajasthan Prisoners Release on Parole Rules, 1958 within a period

of four weeks from the date of production of certified copy of this

order.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

16-Babulal/-

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