Rajasthan High Court
Rajendra @ Raju @ Bhaiya S/O Late ... vs State Of Rajasthan on 24 November, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1341/2021
Rajendra @ Raju @ Bhaiya S/o Late Shri Bhagwansahay, Aged
About 26 Years, R/o Shyampura Kalan Ps Ramgarh Dist. Dausa
Raj. (At Present In Central Jail Jaipur) Through His Mother
Kailashi Devi W/o Late Shri Bhagwansahay Aged About 55 Years
R/o Shayampura Kalan Ps Ramgarh Pachwara Dist. Dausa Raj.
303510
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Home
Secretariat Jaipur
2. The Deputy Secretary, Department Of Home (Group-12)
Govt. Of Raj. Govt. Secretariat Jaipur
3. The Prisoners Parole Advisory Committee (State
Committee), Through Its Chairman Director General Of
Prisons Raj.
4. Superintendent, Central Jail Jaipur
5. The Dist. Magistrate, Dausa
----Respondents
For Petitioner(s) : Mr. Vishram Prajapati
For Respondent(s) : Mr. Shyam Prakash Sharma, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
24/11/2021
1. Petitioner has preferred this Criminal Writ Petition (Parole)
aggrieved by Order dated 22.06.2021, whereby the prayer of
accused-petitioner for release on permanent parole was rejected
solely on the ground that petitioner has not availed the third
parole. It is contended that law in this regard has been settled by
(2 of 3) [CRLW-1341/2021]
Division Bench of this Court in "Suresh and Ors. Vs. State of
Rajasthan 2011 (3) WLC 643".
2. It is also contended that petitioner was sentenced for a
period of ten years. He has served more than two-third of the
sentence including remission.
3. Counsel for the petitioner has also placed reliance on
"Ashok Kumar Prajapat Vs. State of Rajasthan & Ors."
(Criminal Writ Petition No.257/2020) decided by Co-ordinate
Bench of this Court on 21.05.2020.
4. I have considered the contentions.
5. Learned Public Prosecutor has opposed the Criminal Writ
Petition (Parole). It is contended that without availing the third
parole, permanent parole cannot be given.
6. I have considered the contentions.
7. In Suresh and Ors. Vs. State of Rajasthan (Supra), Division
Bench of this Court was dealing with a case where prayer for
permanent parole was rejected. It was observed by the Court that
denial of the permanent parole on the ground that convicts have
not availed three paroles before claiming permanent parole, is
contrary to the object of the Parole Rules and is not as per the
true spirit of the Rules of 1958.
8. As per the reply submitted by the State, petitioner has
remained in custody for a period of more than seven years and
eight months and his conduct in the jail was found to be
satisfactory.
9. In light of judgment of Suresh and Ors. Vs. State of
Rajasthan (Supra), this Court deems it proper to allow the
Criminal Writ Petition (Parole).
(3 of 3) [CRLW-1341/2021]
10. Criminal Writ Petition (Parole) is accordingly, allowed. Order
dated 22.06.2021 qua the petitioner is quashed and set aside.
Petitioner is directed to release on permanent parole, subject to
furnishing his personal bond in the sum of Rs.1,00,000/- before
the concerned District Magistrate. Petitioner is also directed to
furnish two sureties of Rs.50,000/- each within two weeks to the
satisfaction of the concerned District Magistrate 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 and will
abide by any other condition imposed by the authority.
(PANKAJ BHANDARI),J
CHANDAN /106
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