Sadakat Ali @ Chota Sadda S/O Hamid ... vs State Of Rajasthan
2022 Latest Caselaw 3607 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Criminal Writ Petition No. 30/2022

Sadakat Ali @ Chota Sadda S/o Hamid Ali, Aged About 33 Years,
at Present Lodged In Central Jail Ajmer Through His Wife Mobin
Ara W/o Sadakat Ali @ Chota Sadda Aged About 36 R/o 55 Vikas
Nagar Chandra Shel Road Arjun Pura Kota
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Home Department Jaipur Raj.
2.      The Distt. Collector, Ajmer
3.      The Distt. Collector, Kota
4.      The Superintendent, Central Jail Ajmer
                                                                ----Respondents

For Petitioner(s) : Mr. Vijendra Yadav, Adv. For Respondent(s) : Mr. N.S. Gurjar, Asst. GA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

07/05/2022

1. Petitioner has preferred this writ petition (Parole) through

his wife seeking second parole of 30 days.

2. It is contended by counsel for the petitioner that the

petitioner had availed the first parole and had surrendered in due

time before the jail authorities.

3. The petitioner had applied for second parole on 04.06.2021

but his application has been rejected vide order dated 04.09.2021

on the ground that the petitioner has not completed his half of

the sentence in accordance with Rajasthan Prisoners Release on

Parole Rules, 2021 (hereinafter referred to as 'Rules of 2021').

(2 of 2) [CRLW-30/2022]

4. It is argued that Rules of 2021 came into force on

29.06.2021 and petitioner had applied on 04.06.2021. Hence his

case was to be considered under the Rajasthan Prisoners Release

on Parole Rules, 1958 (hereinafter referred to as 'Rules of 1958')

5. Counsel for the petitioner in this regard has placed reliance

upon the judgment of this High Court delivered in D.B. Criminal

Writ Petition No.516/2021 (Dharampal Vs. State of

Rajasthan & Ors.) in which it was held by the Division Bench

that if application is filed prior to 29.06.2021, the same has to be

governed by the Rules of 1958.

6. We have considered the contentions.

7. Since the petitioner had applied on 04.06.2021, his case

was to be considered under the Rules of 1958.

8. Hence the impugned order dated 04.09.2021 is set aside.

9. The Criminal Writ Petition (Parole) is accordingly disposed of.

10. Respondents are directed to consider and decide the petition

for releasing him on second parole under the Rules of 1958 within

a period of four weeks from the date of production of certified

copy of this order.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

PRAVESH/13

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