Om Prakash @ Pappu Ram vs State Of Rajasthan
2022 Latest Caselaw 5856 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 105/2022

Om Prakash @ Pappu Ram S/o Sh. Deraj Ram, Aged About 30 Years, At Present Lodged In Central Jail, Jodhpur, Throguh His Brother Goma Ram S/o Sh. Deraj Ram, Aged About 26 Years, R/o Village Esan Ka Talla, P.s. Sedva, Dist. Barmer.

----Petitioner Versus

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

2. The District Collector, Barmer.

3. The Superintendent, Central Jail, Jodhpur.

                                                                ----Respondents



For Petitioner(s)        :     Mr. Kalu Ram Bhati
For Respondent(s)        :     Mr. Anil Joshi, A.A.G.



           HON'BLE MR. JUSTICE VIJAY BISHNOI
         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                         Judgment / Order



21/04/2022

This parole petition is filed by the petitioner for releasing him

on parole. The second regular parole of the petitioner for a period

of 30 days was rejected by the District Parole Committee, Barmer

on the ground that he has not served half of the sentence and,

therefore, as per the provisions of the Rajasthan Prisoners Release

on Parole Rules, 2021, the petitioner is not entitled to grant

benefit of second regular parole of 30 days.

Learned counsel for the petitioner has submitted that the

petitioner has applied for releasing him on second regular parole

on 02.06.2021 and on that date, the Rajasthan Prisoners Release

(2 of 3) [CRLW-105/2022]

on Parole Rules, 1958 (for short 'the Rules of 1958') were in force,

therefore, the application of the petitioner for releasing him on

second regular parole was liable to be considered under those

Rules only. It is further submitted that under the Rules of 1958,

there is no embargo of not granting benefit of parole until and

unless the convict has served out half of the sentence.

Learned counsel for the petitioner has, therefore, submitted

that this parole petition may be allowed and the decision of the

District Parole Committee, Barmer rejecting the application of the

petitioner for releasing him on second regular parole be set-aside.

Heard learned counsel for the parties.

It is not in dispute that the petitioner has filed application for

releasing him on second regular parole on 02.06.2021 and at that

date, the Rules of 1958 were in force and the Rajasthan Prisoners

Release on Parole Rules, 2021 came into force on 30.06.2021.

Thus, we are of the opinion that the application of the

petitioner for releasing him on second parole was required to be

considered and decided in accordance with the provisions of the

Rajasthan Prisoners Release on Parole Rules, 1958.

In such circumstances, this parole petition is allowed and the

decision of the District Parole Committee, Barmer of not granting

benefit to the petitioner of the second regular parole is set-aside.

The petitioner shall be released on parole for a period of 30

days (from the date of his actual release) subject to the condition

of furnishing a personal bond of Rs. 50,000/- along with two

sureties of Rs. 25,000/- each to the satisfaction of the

Superintendent, Central Jail, Jodhpur, on usual terms and

conditions.

(3 of 3) [CRLW-105/2022]

The petitioner is directed to surrender before the concerned

Jail Authorities on the expiry of parole period.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 27-KshamaD/-

Powered by TCPDF (www.tcpdf.org)