Rajasthan High Court - Jodhpur
Phoolshankar vs State Of Rajasthan on 29 November, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 387/2022
Phoolshankar, S/o Laluji, B/c Charpota, R/o Bhawarkada, P.s.
Bhugda, Dist. Banswara. (Presently At Open Air Camp,
Banswara).
----Petitioner
Versus
1. State of Rajasthan, Through Secretary, Home Jaipur.
2. Collector, Pratapgarh.
3. Superintendent, Central Jail, Pratapgarh.
----Respondents
For Petitioner(s) : Mr. K.R. Bhati
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with
Mr. Pallav Sharma
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
29/11/2022
Heard learned counsel for the parties. Perused the material
available on record.
The convict petitioner has approached this Court through this
parole writ petition seeking to assail the impugned adverse
recommendations dated 07.09.2022, whereby his application for
grant of regular parole of 40 days has been dismissed.
A perusal of the impugned adverse recommendations issued
from the office of District Collector, Pratapgarh would reveal that
apart from assigning the reason that the Superintendent of Police
Banswara, has expressed reservation regarding release of the
convict petitioner on parole, there is nothing in the order which
(2 of 3) [CRLW-387/2022]
can be considered as a justification for denial of parole to the
convict petitioner.
At this stage, it is relevant to mention here that as per the
reply filed by the respondent State, the petitioner has earlier
availed first, second and third parole facilities satisfactorily. In
addition thereto, he has also availed emergent paroles five times
and special parole of 1 month and 9 days During Covid-19
pandemic. The relevant para of the reply, indicating these facts
are noted hereinbelow for the sake of ready-reference:-
"4. That earlier the prisoner has availed parole of 20 days
from 10.06.2018 to 29.05.2018, 30 days from 17.12.2019 to
15.01.2020, 40 days from 13.04.2021 to 22.05.2021. He has
availed emergent parole of 15 days from 30.07.2018 to
13.08.2018, 60 days from 24.01.2019 to 24.03.2019, 15
days from 18.01.2020 to 01.02.2020, 28 day from
28.05.2020 to 24.06.2020, 15 days from 14.11.2020 to
28.11.2020. He has also availed the special parole of 1
month and 9 days during Covid-19."
While rejecting the parole application of the convict
petitioner by the impugned adverse recommendations, the Parole
Advisory Committee did not advert to the fact regarding the
convict petitioner having availed the parole facilities satisfactorily.
Thus, the adverse recommendations suffer from gross non-
application of mind apart from being in gross violation of the
judgment rendered by this Court in the case of Sunder Lal Vs.
State of Rajasthan (D.B. Criminal Writ Petition Parole)
No.321/2022 decided on 20.9.2022 and the circular dated
(3 of 3) [CRLW-387/2022]
16.6.2016 issued by the Department of Home, Government of
Rajasthan.
In this background, rejection of the parole application filed
by the petitioner by the respondent authorities is absolutely
unjustified and high handed. The approach of the District Parole
Advisory Committee, Pratapgarh is absolutely unacceptable and fit
to be deprecated. The authorities concerned are advised to remain
careful in future.
Thus, the instant writ petition (parole) is allowed. The
impugned adverse recommendation dated 07.09.2022 to the
extent of the convict petitioner is quashed and set aside. The
convict petitioner Phoolshankar S/o Shri Laluji shall be
enlarged on regular parole of 40 days upon furnishing a personal
bond in the sum of Rs.50,000/- and two sound and solvent
sureties of Rs.25,000/- each to the satisfaction of the Dy.
Superintendent, District Jail, Banswara on usual terms and
conditions. The Dy. Superintendent, District Jail, Banswara shall be
at liberty to impose such other adequate and reasonable
conditions to ensure return of the convict petitioner to the custody
after availing the regular parole. The term of parole shall be
computed from the date of actual release of the convict petitioner.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
6-Sudhir Asopa/-
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