Rajasthan High Court - Jodhpur
Devendra Kumar vs State on 28 May, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 216/2021
Devendra Kumar S/o Sh. Jaspal Soni, Aged About 28 Years, At
Presetn Lodged In Central Jail, Sriganganagar, Through His
Father Sh. Jaspal Soni S/o Sh. Harbansh Lal, Aged About 54
Years, B/c Soni, R/o W.no. 6, Dulhapur Keri, P.s. Hindumalkot,
Dist. Sriganganagar.
----Petitioner
Versus
1. State, Home Dept. Jaipur.
2. The Dist. Collector, Sriganganagar.
3. The Superintendent, Central Jail, Sriganganagar.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati through VC.
For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA.
Mr. Zakhir Hussain, District Collector,
Sri Ganganagar through VC.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
28/05/2021
The District Collector, Sri Ganganagar has joined the
proceedings through Video Conferencing. He expressed that by
sheer inadvertence, proper details were not mentioned in the
impugned order regarding the actual gap between the date on
which, the convict was earlier released on parole and the date of
decision of the current parole application by order dated
23.04.2021. He submits that as per Rule 10 of the Rajasthan
Prisoner's Release on Parole Rules, 1958, there is requirement of a
gap of 11 months between two successive parole applications
except an application for release on permanent parole and hence,
(2 of 2) [CRLW-216/2021]
the convict petitioner was denied parole because he had not
remained in prison for 11 months after being released on earlier
parole.
The explanation so offered by the District Collector, Sri
Ganganagar is accepted. He shall remain careful in future while
drafting the parole orders.
Shri Farzand Ali, learned AAG has placed on record a copy of
the order dated 27.05.2021 as per which, the convict petitioner
has already been released on parole of 90 days by the State
Government in compliance of the mandatory guidelines laid down
by Hon'ble the Supreme Court judgment in Suo Moto Writ
(Civil) Petition No.01/2020; in Re : Contagion of Covid-19
Virus in Prisons.
In this view of the matter and, as the convict petitioner has
already been released on parole, now there remains no reason to
direct the District Parole Advisory Committee to decide the regular
parole application of the convict afresh. It shall be deemed that
the convict is already availing the second regular parole and the
period thereof shall be accounted for in the 90 days liberty which
has been granted to the convict by the State Government vide
order dated 27.05.2021.
With the above observations, the writ petition is disposed of.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
15-Bharti/-
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