Vijay Kumar @ Khusi Lal vs State Of Rajasthan ...
2023 Latest Caselaw 2670 Raj

[2023/RJJD/008342]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 505/2022

Vijay Kumar @ Khusi Lal S/o Late Shri Darpi @ Dukhi Lal, Aged About 37 Years, At Present Lodged In Central Jail Bikaner Through His Wife Smt. Bina Devi W/o Vijay Kumar @ Khushi Lal Aged 33 Years R/o Siktiyahi P.S. Khutona Dist. Madhubani Bihar

----Petitioner Versus

1. State Of Rajasthan, Through Home Depart. Jaipur

2. The Director General (Jail), Jaipur

3. The Distt. Collector, Bikaner

4. The Superintendent Central Jail, Bikaner

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Anil Joshi, AAG assisted by Mr. Rajat Chhaparwal.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

04/04/2023

The petitioner has filed this writ petition being aggrieved with

the action of the respondents for not considering his application

for releasing him on 40 days' regular parole.

The State has filed reply to the writ petition and argued that

the petitioner was convicted for the offence punishable under

Sections 120 B, 396/120B, 302/120B, 323/120B, 324/120B,

395/120B of IPC and sentenced for life imprisonment by the

Additional District and Sessions Judge No.3, Bikaner vide

judgment dated 30.08.2017 passed in Sessions Case

No.109/2012. It is further argued that since the petitioner has

been convicted and sentenced for the offence punishable under

[2023/RJJD/008342] (2 of 3) [CRLW-505/2022]

Section 396/120B of IPC, which is prohibited section, and as per

Rule 16 (2) (b) of Rajasthan Prisoners Release on Parole Rules,

2021 ('hereinafter to be referred as 'Rules 2021') he is not eligible

for grant of parole.

Learned counsel for the petitioner has submitted that the

Rules of 2021 came into force on 30.06.2021, whereas the

petitioner was convicted on 30.08.2017, therefore, the application

for releasing the petitioner on 40 days' parole required to be

considered under the Rajasthan Prisoners Release on Parole Rules,

1958 (hereinafter to be referred as 'Rules of 1958') and not under

the Rules of 2021. Learned counsel for the petitioner has placed

reliance on the decision dated 24.01.2023 rendered by Hon'ble

Supreme Court in Hitesh @ Bavko Shivshankar Dave Vs. State of

Gujarat: [Writ Petition (Criminal) No.467/2022].

It is noticed that in the above referred judgment, the Hon'ble

Supreme Court have concluded that the policy of the State on the

date of conviction would be the determinative factor and in case

the policy is subsequently liberalized, the same would be taken

into consideration while dealing with the application for premature

release by the Authorities.

In view of the above, we are of the view that the application

filed by the petitioner for releasing him on 40 days' parole

required to be considered under the Rules of 1958.

In such circumstances, we deem it appropriate to dispose of

this criminal parole writ petition with a direction to the

respondents to consider and decide the application filed by the

petitioner for releasing him on 40days' parole in accordance with

[2023/RJJD/008342] (3 of 3) [CRLW-505/2022]

the rules of 1958 within a period one month from the date of

production of the certified copy of this order.

Ordered accordingly.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J 13-nitin/-

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