Sher Singh Meena @ Sheru S/O Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 2478 Raj/2

[2023/RJJP/003448]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D.B. Criminal Writ Petition No. 16/2022

Sher Singh Meena @ Sheru S/o Shri Rohitash Meena, Aged
About 32 Years, R/o Dantil Ps Pragpura Dist. Jaipur Raj. Present
Add.- Ward 3 Near Sain Sabha Adrash Nagar Ps Kotputli Dist.
Jaipur Raj. At Present Confined In Open Air Camp Sanganer
Jaipur Raj.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Inspector General Of Prisons
         Directorate Prisons Ghatgate Jaipur
2.       Dist. Parole Advisory Committee, Through The Dist.
         Magistrate Jaipur Raj.
3.       Superintendent Central Jail, Jaipur Raj.
                                                                 ----Respondents

For Petitioner(s) : Petitioner-present in person For Respondent(s) : None present

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

Order

28/02/2023

1. Application (01/23) for early listing is allowed and the

matter is taken up for final hearing.

2. Petitioner is present in person, who has filed this

petition seeking grant of parole of 20 days.

3. No one has put in appearance on behalf of the State,

though reply has been filed.

4. We have perused the file.

5. From perusal of the order dated 06.12.2021, it is

apparent that application for regular fourth parole was rejected on

[2023/RJJP/003448] (2 of 2) [CRLW-16/2022]

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

03.06.2016. 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.

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

the Criminal Writ Petition(Parole).

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

of. The impugned order dated 06.12.2021 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 /3

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