Rajasthan High Court - Jodhpur
Bharat Ram vs State on 15 July, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLW-400/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 400/2021
Bharat Ram S/o Sh. Akha Ram, Aged About 30 Years, B/c Jat,
R/o Gram Gorera, P.s. Shree Balaji, Dist. Nagaur.
----Petitioner
Versus
1. State, Dept. Of Home, Rajasthan, Jaipur.
2. The Director General Jail, Jaipur.
3. The Central Collector, Nagaur.
4. The Superintendent, Central Jail, Ajmer.
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
15/07/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
This parole writ petition has been moved by the convict-
petitioner seeking extension of the date of surrender/period of
parole.
Counsel for the petitioner has shown order dated 10.05.2021
passed by Hon'ble Division Bench of this Court in Prabhu @
Prabhu Lal Vs. State of Rajasthan & Ors. (D.B. Criminal Writ
Petition No.225/2021), which reads as follows:-
"The convict-petitioner Prabhu @ Prabhu Lal S/o Shri Nanji
Roth was granted third regular parole for 40 days vide
recommendation dated 01.04.2021. He furnished the bail bonds and
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was released from custody on 01.04.2021 requiring him to surrender
back at the Central Jail, Jodhpur on 10.05.2021.
This parole writ petition has been moved by the convict-
petitioner seeking extension of the date of surrender/period of parole.
We feel that the prayer for extension of parole period made by the
petitioner has to be accepted in light of the mandatory guidelines
laid down by Hon'ble the Supreme Court in Suo Moto Writ (Civil)
Petition No.01/2020; In Re : Contagion of Covid-19 Virus in Prisons
wherein, it has been directed as below:-
"10.Second, the rapid proliferation of the virus
amongst the inmates of congested prisons is a matter
of serious concern. The High Powered Committees
constituted by the State Governments/Union
Territories shall consider release of prisoners by
adopting the guidelines (such as inter alia, SOP laid
down by NALSA) followed by them last year, at the
earliest. Such of those States which have not
constituted High Powered Committees last year are
directed to do so immediately. Commissioner of Police
Delhi shall also be a member of the High Powered
Committee, Delhi.
11.Third, due to the immediate concern of the raging
pandemic, this court has to address the issue of de-
congestion. We find merit in the submission of Mr.
Colin Gonsalves, learned Senior Counsel appearing
on behalf of the applicant, that the High-Powered
Committee, in addition to considering fresh release,
should forthwith release all the inmates who had been
released earlier pursuant to our order 23.03.2020, by
imposing appropriate conditions. Such an exercise is
mandated in order to save valuable time.
12.Fourth, further we direct that, those inmates who
were granted parole, pursuant to our earlier orders,
should be again granted a parole for a period of 90
days in order to tide over the pandemic."
Consequently, the parole period of the convict-petitioner
Prabhu @ Prabhu Lal S/o Shri Nanji Roth is extended by 90 days
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from 10.05.2021. He shall surrender back at the Central Jail,
Jodhpur on 09.08.2021.
The writ petition is allowed accordingly ."
In view of the above, the parole period of the convict-
petitioner Bharat Ram S/o Sh. Akha Ram is extended by 90
days from 17.07.2021 to 15.10.2021. He shall surrender back at
the Central Jail, Ajmer on 16.10.2021.
The writ petition is allowed accordingly.
(DR. PUSHPENDRA SINGH BHATI),J.
124-/Jitender//-
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