Rajasthan High Court - Jodhpur
Narayan Singh vs State on 27 January, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Parole Writ Petition No. 597/2021
Narayan Singh S/o Shri Kishore Dan, Aged About 32 Years, At
Presen Lodged In Central Jail, Jodhpur Through His Mother
Sampat Kanwar W/o Shri Kishore Dan, Aged About 56 Years, R/o
Village Bera Balda, P.s. Bagri Nagar, District Pali.
----Petitioner
Versus
1. State, Department Of Home, Jaipur.
2. The District Collector, Pali.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. K.R. Bhati, through VC
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/01/2022
By way of filing the instant criminal writ petition the
petitioner Narayan Singh through his mother Sampat Kanwar has
sought indulgence of this Court for issuance of appropriate
direction to release the petitioner on second parole i.e. 30 days
parole as the prayer made by the petitioner has been rejected by
the District Level Parole Committee vide its resolution dated
06.10.2021.
Shri K.R. Bhati, learned counsel appearing through video
conferencing on behalf of the petitioner submits that learned
Parole Committee has erred in taking resolution of rejection of
second parole of the petitioner on a wrong premise that the
petitioner was convicted under the provision of POCSO.
(2 of 3) [CRLW-597/2021]
Learned counsel for the petitioner submits that as a matter
of fact, the petitioner has not been convicted penal provisions of
POCSO. As per the notification issued by the State of Rajasthan as
well as judgment passed by this Court; while entertaining an
application for releasing the prisoner on second parole, the only
thing would be required to be taken into consideration that after
releasing the prisoner on first parole, he spent the parole period
peacefully; surrendered before the Jail Authority on due date and
since thereafter and till the consideration of the second parole
application, his conduct in jail has been good. He submits that the
learned committee has not taken into account the principle of law
and therefore, the resolution dated 06.10.2021 deserves to be set
aside.
Heard learned counsel appearing on behalf of the petitioner
through video conferencing and learned Public Prosecutor.
Indisputably, this is a second parole of 30 days. The
petitioner was released on first parole which he spent peacefully
and surrendered back before the jail authority on the due date.
There is no complaint or whisper that after his surrender and till
his right accrued for second parole; his conduct has not been good
within the jail premises. The State of Rajasthan has issued circular
addressing the all Districts Magistrate that in the event, a second
or subsequent parole petitions are moved, the only fact of
consideration would be that his conduct in jail premises has been
good and he never misused the liberty granted to him. Having not
done so; the learned Parole Committee has erred in passing the
resolution dated 06.10.2021 and therefore, the same deserves to
be quashed.
(3 of 3) [CRLW-597/2021]
Accordingly, the criminal writ petition is allowed and it is
directed to the authorities that the petitioner shall be released on
30 days second parole upon furnishing bail bonds and sureties to
the satisfaction of the learned District Magistrate, Pali.
Accordingly, the criminal writ petition is allowed.
(FARJAND ALI),J
86-Ravi Kh/-
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