Nitansh Sain S/O Shri Kapoor Chand ... vs State Of Rajasthan
2023 Latest Caselaw 2324 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         D.B. Criminal Writ Petition(Parole) No. 264/2023

Nitansh Sain S/o Shri Kapoor Chand Setaria, Aged About 30
Years, R/o B-94 Flat No. G-1, Vedvilla Colony, Sewaj Farm
Nandpuri Sodala, Police Station Mahesh Nagar, District Jaipur,
(Raj.) At Present R/o Plot No. 47, Mahaveer Nagar, Near Shiv
Mandir, Jamdoli, Police Station Kanota, District Jaipur(Raj.) (At
Present In Open Air Camp Sanganer, Jaipur)
                                                                    ----Petitioner
                                   Versus
1.     State   Of   Rajasthan,        Through         The       Secretary   Home,
       Secretariat, Jaipur.
2.     The District Parole Advisory Committee, Through Its
       Chairman, District Magistrate, Jaipur.
3.     Superintendent Central Jail, Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Petitioner present in person For Respondent(s) : Mr. S.S. Mahala, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

24/02/2023

1. Petitioner has preferred this writ petition(parole) seeking

second regular parole of 30 days.

2. Petitioner is present in person.

3. It is contended by counsel for the petitioner that he has

remained in custody for a period of 10 years, 10 months and 10

days. His parole application was rejected by the authorities vide

impugned order dated 22.11.2022 on the ground that petitioner is

not entitled to parole under Rule 16(2)(b) of Rajasthan Prisoners

Release on Parole Rules, 2021.

(2 of 2) [CRLW-264/2023]

4. Learned Public Prosecutor has opposed the second regular

parole. In reply to the petition, it is admitted by the State that

petitioner has availed regular parole of 20 days from 17.07.2020

to 05.08.2020. It is contended that petitioner is not entitled to

parole and if he is aggrieved by the impugned order, he should

have filed appeal before the Divisional Commissioner within 60

days as per Rule 18 of Rajasthan Prisoners Release on Parole

Rules, 2021.

5. We have considered the contentions.

6. Petitioner herein was convicted and sentenced vide judgment

and order dated 05.11.2019. In view of the judgment of Apex

Court in Hitesh @ Bavko Shivshankar Dave vs State of

Gujarat, Criminal Writ Petition No.467/2022, wherein it was

held that the Rules as prevalent at the time of conviction has to be

applied. Hence, we are of the considered view that petitioner's

case for grant of parole has to be considered in accordance with

Rajasthan Prisoners Release on Parole Rules, 1958 and not with

Rajasthan Prisoners Release on Parole Rules, 2021.

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

impugned order dated 22.11.2022 therefore, deserves to be

quashed and set aside qua the petitioner. We direct the Parole

Advisory Committee to reconsider the case of the petitioner in

accordance with Rajasthan Prisoners Release on Parole Rules,

1958 within a period of four weeks from the date of receipt of this

order.

                                   (BHUWAN GOYAL),J                                          (PANKAJ BHANDARI),J

                                   HEENA/03







Powered by TCPDF (www.tcpdf.org)