Rajasthan High Court
Rampal S/O Sh. Bhagwana Ram vs State Of Rajasthan on 8 November, 2021
Bench: Prakash Gupta, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 1490/2021
Rampal S/o Sh. Bhagwana Ram, R/o Village Lami Talai, Tan Banura
Police Station Dataramgarh, District Sikar (Raj.)
(At Present Confined In Open Air Camp Sikar)
Through His Cousin Brother-Bhanwar Singh S/o Shri Bhiva Ram, Age
About 51 Years, R/o Village Lami Talai, Tan Banura Police Station
Dataramgarh, District Sikar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.
2. The Superintendent, Open Air Camp, Sikar
----Respondents
For Petitioner(s) : Mr. B.R. Choudhary, Advocate
For Respondent(s) : Mr. Javed Choudhary, PP
HON'BLE MR. JUSTICE PRAKASH GUPTA
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
08/11/2021
This parole petition has been filed under Article 226 of
the Constitution of India with the prayer that the order dated
22.1.2021 issued by State Parole Advisory Committee be quashed
and set-aside and the petitioner be released on permanent parole
under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules,
1958 (for short, 'the Rules of 1958').
It has been submitted by learned counsel for the
petitioner that vide judgment dated 10.3.2011 passed by the Trial
Court, the petitioner was convicted for the offence under Sections
302 and 149 IPC and sentenced to undergo life imprisonment.
The petitioner filed a D.B. Cr. Appeal No. 336/2011 against the
judgment passed by the trial court, which came to be dismissed.
(2 of 3) [CRLW-1490/2021]
It has further been submitted that the petitioner has
served more than 18 years of sentence. In this way, he has served
a substantive part of his sentence. He was granted three regular
paroles of 20, 30 and 40 days. He never misused the liberty of
parole and on completion of the parole periods he surrendered
before the concerned authority on due date. The jail conduct of
the petitioner is satisfactory. Presently, he is in Open Air Camp.
Thus, he is entitled to be released on permanent parole. The case
of the petitioner for grant of permanent parole has wrongly been
rejected only on the ground of registration of 8 other criminal
cases against him.
In the reply, nothing has been mentioned about
pendency of 8 other criminal cases against the petitioner.
Heard learned counsel for the parties and carefully
perused the record.
It is not in dispute that the petitioner has already been
granted benefit of three regular paroles of 20, 30 and 40 days and
he did not misuse the liberty granted to him and his conduct and
his jail conduct is satisfactory. It is also not in dispute that the
petitioner has served about 18 years of sentence and presently he
is in Open Air Camp.
Needless to say that in case the petitioner engages
himself in any untoward incident during permanent parole, same
can be withdrawn and the petitioner can be called upon to serve
his remaining sentence.
Having regard to the submissions made by the parties
and taking into consideration the facts and circumstances of the
(3 of 3) [CRLW-1490/2021]
case more particularly the period of sentence served by the
petitioner, his jail conduct, nothing adverse was found against him
during the period when he was granted three regular paroles and
presently he is serving his sentence in Open Air Camp, we deem it
just and proper to allow the present petition for parole and set
aside the impugned order dated 22.1.2021 qua petitioner,
whereby permanent parole was refused to him.
Accordingly, the writ petition succeeds and is hereby
allowed and the impugned order dated 22.1.2021 qua petitioner
stands quashed and set aside and the concerned Authority is
directed to release the convict-petitioner on permanent parole,
subject to his furnishing a personal bond in the sum of Rs.
1,00,000/- with two sureties of Rs. 50,000/- each to the
satisfaction of the trial court, with the stipulation that in case
during permanent parole, the petitioner commits any undesirable
activity, he can be called upon to serve his remaining sentence
and at the same time he shall also maintain peace and tranquility
during the parole period.
(UMA SHANKER VYAS),J (PRAKASH GUPTA),J
DK/24
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