Rajasthan High Court - Jodhpur
Gajanand vs State Of Rajasthan on 28 May, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 280/2021
Gajanand S/o Shri Bhanwar Lal, Aged About 40 Years, By Caste
Brahmin, R/o Gedap P.s. Sandva, District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.
2. The Director General Jail, Jaipur.
3. The District Collector, Churu.
4. The Superintendent, Central Jail, Bikaner.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati (through VC)
For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment
28/05/2021
Issue notice to the respondents.
Mr. Farzand Ali, learned G.A.-cum-A.A.G., accepts
notice on behalf of the respondents.
With the consent of the learned counsel for the parties,
the matter is being heard and decided today itself.
The convict petitioner was granted first parole for a
period of 20 days by virtue of this Court's order dated 06.05.2021
passed in D.B. Criminal Writ Petition No.132/2021. He has
approached this Court through this writ petition under Article 226
of the Constitution of India seeking extension of the date of
surrender/period of parole by 90 days.
(2 of 3) [CRLW-280/2021]
The Covid pandemic has now slowed down with the number
of infections going down significantly by each passing day.
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,
(3 of 3) [CRLW-280/2021]
should be again granted a parole for a period of 90
days in order to tide over the pandemic."
However, as the prevailing rate of Covid infections has
gone down significantly, the period of surrender needs to be
extended only upto 15.07.2021.
In view of the above mandate of Hon'ble the Supreme
Court in the matter of In Re : Contagion of Covid 19 in Prisons
(Supra), we hereby direct that the parole period of the convict-
petitioner shall be extended upto 14.07.2021. He shall be required
to surrender back to prison on 15.07.2021.
Accordingly, the parole writ petition is disposed of.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
4-Sudhir Asopa/-
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