Hakma vs State
2022 Latest Caselaw 5857 Raj

(1 of 2) [CRLW-67/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 67/2022

Hakma S/o Shri Deva, Aged About 40 Years, At Present Lodged In Central Jail, Udaipur Through His W/o Smt. Benki W/o Shri Hakma, Aged 38 Years, R/o Aaravada, P.s. Kelava, District Rajsamand.

----Petitioner Versus

1. State, Department Of Home, Jaipur.

2. The District Collector, Rajsamand.

3. The Superintendent , Central Jail, Udaipur.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG

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

Judgment / Order

21/04/2022

The convict-petitioner - Hakma son of Deva has filed this

parole writ petition being aggrieved with the decision taken by the

District Parole Committee, Rajsamand in its meeting dated

28.07.2021 whereby, he has been denied second regular parole

for 30 days on the ground that he has not served half of the

sentence awarded to him and as per provisions of Rajasthan

Prisoners Release of Parole Rules, 2021 (hereinafter to referred as

Rules of 2021).

The application for release on parole was filed on behalf of

the convict-petitioner on 26.02.2021 and till that date, the Rules

of 2021 had not came into force.

(2 of 2) [CRLW-67/2022]

In such circumstances, we are of the considered view that

the application filed on behalf of the convict-petitioner for

releasing him on 30 days' regular second parole was required to

be considered under the Rajasthan Prisoners Release on Parole

Rules 1958 (for short 'the Rules of 1958'). The petitioner, is

definitely also entitled to be released on parole under the Rules of

1958 as his jail conduct is satisfactory and the report of the Social

Welfare Department is also in his favour.

In such circumstances, this parole writ petition is allowed.

The decision of the District Parole Committee, Rajsamand denying

second parole of 30 days to the petitioner is set aside. The

convict-petitioner - Hakma son of Deva shall be released on

second parole of 30 days (from the date of his actual release)

upon his furnishing a personal bond of Rs.50,000/- alongwith two

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

of the Superintendent, Central Jail, Udaipur on usual terms and

conditions.

Petitioner - Hakma son of Deva is directed to surrender

before the concerned jail authorities on expiry of the parole

period.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 21-nidhi/-

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