Rajasthan High Court
Aatish Garg S/O Sh. Prakash Chand ... vs State Of Rajasthan on 13 January, 2023
Bench: Pankaj Bhandari, Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 730/2022
Aatish Garg S/o Sh. Prakash Chand Garg, At Present Residence
Of F-1, 1St Floor, Ganpati Apartment, Near Bharat Apartment,
Gandhi Path, Vaishali Nagar, Jaipur (Raj.) (At Present Confined In
Open Air Camp Sanganer, Jaipur). Through His Mother - Smt.
Kaushalya Garg W/o Sh. Prakash Chand Garg, Age About 60
Years, Residence Of F-1, 1St Floor, Ganpati Apartment, Near
Bharat Apartment, Gandhi Path, Vaisali Nagar, Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Prison,
Jaipur.
2. The District Parole Advisory Committee, Through The
District Magistrate, Alwar.
3. The Superintendent, Central Jail, Jaipur.
----Respondents
For Petitioner(s) : Mr. B R Choudhary
For Respondent(s) : Ms. Alka Bhatnagar, Addl.G.A.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
13/01/2023
1. Petitioner has preferred this Criminal Writ petition (parole)
seeking parole of seven days.
2. It is contended by counsel for the petitioner that earlier
petitioner was granted parole but he did not surrender within the
stipulated period in the year 2014. It is also contended that
thereafter more than seven years has lapsed but still the
appropriate authority has rejected his prayer for seven days
parole.
(2 of 3) [CRLW-730/2022]
3. Reply has been filed on behalf of the state. It is contended
that petitioner has earlier also jumped parole and he may not
surrender after completion of the parole period.
4. We have considered the contentions and have perused the
Rajasthan Prisoners Release on Parole Rules, 2021.
5. Rule 20 (a) of the Rajasthan Prisoners Release on Parole
Rules, 2021 is reproduced herein under:-
"prisoner should not be let off on parole in
future at least two years and after two years if
the Superintendent of Jail is fully satisfied that
Prisoner shall not commit any breach of
condition in future, the prisoner may be
released on the recommendation of the
Superintendent of Jail concerned, the period of
release on parole shall be seven days excluding
days of journey to home and back. The period
of next parole shall be fifteen days in the
second parole and thirty days in the third
parole, if prisoner has behaved well during the
previous parole period."
6. From perusal of the above, it is evident that if prisoner does
not surrender within stipulated period after release on parole, he
is not entitled to claim parole for two years. In the present case in
hand, more than eight years has lapsed since the last parole was
granted, also taking note of the fact that petitioner has remained
in custody for about eighteen years, we, therefore, deem it proper
to allow the writ petition (parole) and petitioner be released on
parole for seven days.
7. Consequently, the writ petition (parole) stands allowed. The
Jail Authorities are directed to release the petitioner on parole for
a period of seven days, on furnishing of his personal bonds of
Rs.50,000/- with one surety of like amount to the satisfaction of
(3 of 3) [CRLW-730/2022]
the concerned District Magistrate with the stipulation that he shall
surrender himself before the Jail Authority on expiry of seven days
and shall maintain peace and tranquility during parole period.
8. In case of failure to surrender by stipulated date, the Jail
Authority shall proceed in accordance with law.
9 A copy of this order be sent to the Jail Authorities as well as
the petitioner through Jail Authority for compliance.
(MANOJ KUMAR GARG),J (PANKAJ BHANDARI),J
ARTI SHARMA /9
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