Kailash Chand S/O Shri Nand Kishor vs State Of Rajasthan ...
2023 Latest Caselaw 2383 Raj/2

[2023/RJJP/003419]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

           D.B. Criminal Writ Petition (Parole) No. 280/2023

Kailash Chand S/o Shri Nand Kishor, Aged About 44 Years, R/o In
Front Of Narayan Talkies Jhalrapatan, Police Station Jhalrapatan,
District Jhalawar (Raj.) (At Present In Open Air Camp Sanganer
Jaipur)
                                                                     ----Petitioner
                                     Versus
1.        The 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) : Mr. Kailash Chand, present in person. For Respondent(s) : Mr. Rajendra Yadav, G.A. cum AAG.

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

Judgment

27/02/2023

1. Petitioner is present in person.

2. Petitioner has preferred this writ petition (parole) aggrieved

by impugned order dated 21.10.2022, whereby his fourth regular

parole application for 40 days was rejected by the Authorities on

the ground that petitioner is not entitled to parole under Rule

16(2)(b) of Rajasthan Prisoners Release on Parole Rules, 2021.

3. Learned Public Prosecutor has opposed the fourth regular

parole.

4. We have considered the contentions.

[2023/RJJP/003419] (2 of 2) [CRLW-280/2023]

5. In view of the judgment of Apex Court in Hitesh @ Bavko

Shivshankar Dave vs State of Gujarat, Criminal Writ

Petition No.467/2022, decided by the Apex Court vide order

dated 24.01.2023, wherein it was held that the Rules as prevalent

at the time of conviction has to be applied. The present petitioner

has already availed three paroles. Rejection of fourth regular

parole on account of bar under Rule 16(2)(b) of Rajasthan

Prisoners Release on Parole Rules, 2021 cannot be sustained.

6. The judgment in this case was delivered on 01.08.2016,

hence, the petitioner would be governed by the Rajasthan

Prisoners Release on Parole Rules, 1958. The State Authorities are

directed to reconsider the case of the petitioner in accordance with

Rajasthan Prisoners Release on Parole Rules, 1958.

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

impugned order dated 21.10.2022 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 filing of the

application.

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




                                   Ramesh Vaishnav /86












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