Phula vs State
2021 Latest Caselaw 5140 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 3/2021

Phula, S/o Basu Damor, By Caste Meena, R/o Katar Was, Fala Jhadola, Police Thana Pahada, District Udaipur (Raj.). (At Present Lodged In Central Jail, Udaipur).

----Petitioner Versus

1. State, Through Secretary, Home Department, Jaipur.

2. Collector, Udaipur.

3. Superintendent, Central Jail, Udaipur.

----Respondents

For Petitioner(s) : Mr. Ashok Kumar For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA with Mr. Abhishek Purohit

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

23/02/2021

The convict-petitioner has been denied regular parole of forty

days by the District Parole Advisory Committee, Udaipur vide

adverse recommendations dated 06.11.2020 because he

absconded from the Open Air Camp in the year 2019 and could be

re-apprehended after about five days. Report of the Social Welfare

Department is also adverse to the petitioner.

In view of the fact that the Rule 14(c) of the Rajasthan

Prisoners Release on Parole Rules, 1958, which reads as below:-

"14. Ineligibility for release.- The following classes of prisoners will ordinarily not be eligible for release on parole:-

(a) ..........................................

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

(b) ..........................................

(c) Prisoners who have escaped from the Jail or Police custody or attempted to escape;"

makes the petitioner ineligible for release on parole, we are

of the opinion that he was rightly denied regular parole of forty

days by the District Parole Advisory Committee, Udaipur vide

adverse recommendation dated 06.11.2020 which does not suffer

from any infirmity whatsoever. However, we direct that the

petitioner may apply for regular parole of forty days after one year

from today. Such prayer shall be considered afresh

sympathetically, if the conduct of the petitioner is good in prison.

With above observation, the parole writ petition is disposed

of.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

22-Sudhir Asopa/-

Powered by TCPDF (www.tcpdf.org)