Taula Ram vs State
2021 Latest Caselaw 17738 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 508/2021

Taula Ram S/o Sh. Jetha Ram, Aged About 40 Years, At Present Lodged In Open Air Camp, Bhichwal Under Central Jail, Bikaner Through His Wife Smt. Ram Pyari W/o Sh. Taula Ram, Age About 35 Years, R/o Hungsar P.s. Bichhwal, Dist. Bikaner.

----Petitioner Versus

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

2. The Director General (Jails), Jaipur.

3. The District Collector, Bikaner.

4. The Superintendent, Central Jail, Bikaner.

                                                                ----Respondents


For Petitioner(s)        :     Mr. K.R. Bhati
For Respondent(s)        :     Mr. Anil Joshi, G.A.-cum-A.A.G. (in
                               Charge)



           HON'BLE MR. JUSTICE SANDEEP MEHTA
             HON'BLE MR. JUSTICE SAMEER JAIN

                                Judgment

25/11/2021

The petitioner applied for permanent parole which was not

considered by the respondents on which, the petitioner preferred

Writ Petition No.305/2021 which came to be decided by this Court

vide order dated 03.06.2021 and a direction was given to the

respondents to consider the case of the petitioner within a period

of two months from the date of copy of receipt of the said order.

Now, the respondents have rejected the petitioner's application by

order dated 06.08.2021 observing that the petitioner has not

completed two-third of the sentence awarded and thus, by virtue

of Section 10 of the Rajasthan Prisoners Release on Parole Rules,

(2 of 2) [CRLW-508/2021]

2021, he has not eared eligibility to be released on permanent

parole.

Suffice it to say that the application for permanent parole

was filed by the petitioner under the old Rules i.e. Rajasthan

Prisoners Release on Parole Rules, 1958 on 28.04.2021. Hence,

the same was required to be dealt with under the statutory

provisions prevailing at the time of filing of the application. Even

this Court decided the writ petition of the petitioner on 03.06.2021

and since the respondents had not decided the application of the

petitioner in the requisite time, direction had been given to decide

the same within a period of two months. Now, the application has

been rejected by the respondents by citing new Parole Rules.

Manifestly, as the application of the petitioner for permanent

parole was filed under the old Rules and the matter was kept

lingering on merely because of lethargy of the respondents, at this

belated stage, they cannot be permitted to take recourse of the

new Rules for denying permanent parole to the petitioner. His

case has to be considered objectively under the old Rules. Thus,

the impugned order dated 06.08.2021 is set aside qua the

petitioner and it is hereby directed that the respondents shall

reconsider the case of the petitioner for release on permanent

parole under the provisions of Rajasthan Prisoners Release on

Parole Rules, 1958. Order in this regard shall be passed within

next thirty days.

The writ petition is disposed of accordingly.

                                   (SAMEER JAIN),J                                         (SANDEEP MEHTA),J

                                    18-Sudhir Asopa/-









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