Rajkumar S/O Shri Kunwar Singh vs State Of Rajasthan ...
2023 Latest Caselaw 2471 Raj/2

[2023/RJJP/003450]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               D.B. Criminal Writ Petition No. 764/2022

Rajkumar S/o Shri Kunwar Singh, R/o Jheel P.s. Basedi, District
Dholpur     (Raj.)   (At   Present       Confined        In      Open   Air   Camp
Ganganagar) Through His Nephew - Ramnaresh S/o Shri Kehari
Singh, Aged About 25 Years, R/o Jheel, P.s. Basedi, District
Dholpur (Raj.)
                                                                     ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Home, Govt. Secretariat, Jaipur.
2.       The Director General Of Prisons, Directorate Prison,
         Rajasthan, Jaipur.
3.       The Superintendent, Central Jail Ganganagar.
                                                                  ----Respondents

For Petitioner(s)          :    None present
For Respondent(s)          :    None present



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

                                     Order

28/02/2023

1. No one has put in appearance on behalf of the parties,

though reply has been filed on behalf of the State.

2. We have perused the file.

3. From perusal of the order dated 22.08.2022, it is

apparent that application for permanent regular parole was

rejected on the ground that petitioner is not entitled under the

Rajasthan Prisoner Release on Parole Rules, 2021. Petitioner

herein was convicted and sentenced vide judgment and order

dated 03.08.2014. In view of the judgment of Apex Court in

[2023/RJJP/003450] (2 of 2) [CRLW-764/2022]

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.

4. In view of the above, we deem it proper to dispose of

the Criminal Writ Petition(Parole).

5. Criminal Writ Petition(Parole) is accordingly, disposed

of. The impugned order dated 22.08.2022 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

CHANDAN /6

Powered by TCPDF (www.tcpdf.org)