Bhimnath vs State Of Rajasthan ...
2023 Latest Caselaw 1774 Raj

[2023/RJJD/005384]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 68/2023

Bhimnath S/o Shri Ramnath, Aged About 32 Years, At Present Lodged In Open Air Camp, Barmer Through His Mother Smt. Hurmi W/o Shri Ramnath, Age About 63 Years, R/o Geru Road, Sanibaba Temple, P.s. Barmer, District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Deparment Of Home, Jaipur.

2. The District Collector, Barmer.

3. The Dy. Superintendent, District Jail, Barmer.

                                                                 ----Respondents


For Petitioner(s)          :    None present
For Respondent(s)          :    Mr. Anil Joshi, GA cum AAG assisted
                                by Mr. Pallav Sharma


             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Judgment / Order

15/02/2023

This criminal writ petition is filed on behalf of the convict-

prisoner challenging the decision of the District Parole Advisory

Committee, Barmer in its meeting dated 27.10.2022, where by

the application of the petitioner for releasing him on 40 days'

regular parole has been rejected on the ground that as per the

provisions of Rule 16(2)(b) of the Rajasthan Prisoners Release on

Parole Rules, 2021 (for short "the Rules of 2021"), the petitioner

is convicted and sentenced for the offence under Section 460 IPC

and the same is declared as prohibited offence under the Rules of

2021.

From the averments made in the petition as well as reply of

the State, it is clear that the petitioner was convicted and

[2023/RJJD/005384] (2 of 2) [CRLW-68/2023]

sentenced for five years of imprisonment for the offence under

Section 460 IPC.

Learned AAG has frankly admitted that at present the

petitioner has served around eight years of sentence till date.

This Court in Hadmant Singh @ Hadmata Vs. State of

Rajasthan (D.B. Criminal Writ Petition No.264/2022)

decided on 22.07.2022 has held that if a convict prisoner has

already served out the total imprisonment for a prohibited offence,

then, there is no impedement for releasing him on parole even

with the reference to Rules of 2021.

In view of the law laid down by a Co-ordinate Bench of this

Court in Hadmant Singh's case (supra), we allow this parole

writ petition and the decision of the District Parole Advisory

Committee, Barmer dated 27.10.2022 rejecting the application

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

is set aside.

The jail authorities concerned are directed to release the

petitioner on 40 days' regular parole on his furnishing a personal

bond of Rs.50,000/- along with two sureties of likewise amount.

The convict-prisoner shall surrender before the concerned jail

authorities after availing 40 days' regular parole from the date of

his actual release.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J 21-mohit/-

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