Rajasthan High Court
Pawan S/O Shri Kunwar Pal vs State Of Rajasthan on 14 October, 2022
Bench: Sandeep Mehta, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 478/2022
Pawan S/o Shri Kunwar Pal, Aged About 50 Years, R/o Rajnagar,
Sector No. 23, Kavinagar, Police Station Kavinagar, Distt.
Gajiyabaad U.p. At Present Confined In Central Jail Jaipur (Raj.)
Through His Son Akash Choudhary S/o Shri Pawan Rathi, Aged
About 22 Years, R/o B-73, Guldhar-2, Sector No. 23, Jagrti Vihar,
Kavinagar, Police Station Kavinagar, Distt. Gajiyabaad, U.p.
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Of Prisons
Directorate Prisons, Ghatgate, Jaipur.
2. The District Parole Advisory Committee Through The
District Magistrate, Jaipur (Raj.)
3. The Superintendent Central Jail, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Tekchand Swami
For Respondent(s) : Mr. Javed Choudhary, Addl. G.A. with
Mr. N.S. Gurjar, Asst. GA
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE SAMEER JAIN
Order
14/10/2022
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 27.7.2022, whereby his application for
grant of regular parole of 30 days has been dismissed.
A perusal of the impugned adverse recommendations issued
from the office of District Collector, Jaipur would reveal that apart
(2 of 3) [CRLW-478/2022]
from assigning the reason that the District Magistrate and the
Deputy Superintendent of Police Ghaziabad, have expressed
reservation regarding release of the convict petitioner on parole,
there is nothing in the order which can be considered as a
justification for denial of parole to the convict petitioner. It is also
relevant to mention here that looking to the satisfactory conduct
of the convict petitioner, he has been transferred to the Open Air
Camp Bichhwal, Bikaner. He has served a total custodial period of
13 years and 6 months. He has earlier availed regular parole of 20
days from 16.12.2021 to 7.3.2021 satisfactorily. 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 first parole 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 16.6.2016 issued by the Department of Home,
Government of Rajasthan.
The illegal denial of parole tentamounts to infringement of
fundamental right of liberty and thus, we are not persuaded to
accept the preliminary objection raised on behalf of the
respondents that this writ petition should not be entertained on
the ground of availability of the statutory remedy of appeal under
the Rajasthan Prisoners (Release on Parole) Rules, 2021.
Thus, the instant writ petition (parole) is allowed. The
impugned adverse recommendation dated 27.7.2022 to the extent
(3 of 3) [CRLW-478/2022]
of the convict petitioner is quashed and set aside. The convict
petitioner Pawan S/o Shri Kunwar Pal shall be enlarged on
regular parole of 30 days upon furnishing a personal bond in the
sum of Rs.1,00,000/- and two sound and solvent sureties of
Rs.50,000/- each to the satisfaction of the Superintendent,
Central Jail, Jaipur on usual terms and conditions. The
Superintendent, Central Jail, Jaipur 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.
(SAMEER JAIN),J (SANDEEP MEHTA),J
Tarun Goyal/42
Powered by TCPDF (www.tcpdf.org)
