Ghanshyam Agarwal S/O Late Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 2691 Raj/2

[2023/RJJP/003785]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 D.B. Criminal Writ Petition No. 443/2023

Ghanshyam Agarwal S/o Late Shri Dwarika Prasad, Aged About
62 Years, R/o A-18, Adarsh Nagar, Dhobiyon Ka Mode, Police
Station Adarsh Nagar, At Present R/o Jamuna Bhawan Khetri
House, Out Side Chandpole Bazar, P.s. Sanjay Cricle, District
Jaipur (Raj.) (At Present In Central Jail Jaipur) Through His
Daughter Namely Vasavdutta Jojodia D/o Ghanshyam Agarwal
Aged About 31 Years, R/o Jamuna Bhawan Khetri House, Out
Side Chandpole Bazar, P.s. Sanjay Cirlce, District Jaipur (Raj.)
                                                                          ----Petitioner
                                         Versus
1.       State       Of   Rajasthan,        Through         The       Secretary   Home,
         Secretariat, Jaipur.
2.       The District Magistrate, Jaipur (Raj.)
3.       Superintendent Central Jail, Jaipur.
                                                                       ----Respondents

For Petitioner(s) : Ms.Vasav Dutta, Daughter of the petitioner For Respondent(s) : Mr.Rajendra Yadav, GA-cum-AAG with Mr.N.S.Gurjar, AGA

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

08/03/2023

The instant criminal writ petition (parole) has been filed on

behalf of the petitioner through his daugher - Vasav Dutta.

Daughter of the petitioner submits that her father was

convicted under Section 376 of IPC & 5/6 POCSO Act by the

Special Judge SC/ST (Atrocities Cases) Jaipur Metro, Jaipur in

Sessions Case No.60/2017 vide judgment dated 27.02.2017 and

sentenced to life imprisonment.

[2023/RJJP/003785] (2 of 4) [CRLW-443/2023]

She submits that her father has served more than 9 years &

3 months of imprisonment with remission and as such an

application was filed for grant of third Regular Parole on

17.02.2023, however, the said application has not been forwarded

to the Competent Authority for considering the grant of third

regular parole.

She also submits that third regular parole, as per Rule 9 of

the Rajasthan Prisoners Release on Parole Rules, 1958, is required

to be considered on account of conduct and good behavior during

the earlier parole granted.

She submits that since third regular parole application has

not been considered by the Authorities, this Court may give

suitable direction to release the petitioner on regular parole for 30

days.

Learned GA-cum-AAG Mr.Rajendra Yadav submits that the

application submitted by the petitioner, will be considered by the

Authorities as per its own turn.

Learned GA-cum-AAG Mr.Rajendra Yadav also submits that

the Authorities are functioning regularly and the District Parole

Advisory Committee meets from time to time and take up the case

for considering the grant of parole.

This Court in the case of Ajay Vs. State of Rajasthan &

Ors. (D.B.Criminal Writ Petition (Parole) No.332/2023, has

already directed the Authorities - District Parole Advisory

Committee to take up the matter for grant of parole application as

per the date of filing of such applications and no arbitrariness

should be adopted by the Authorities for taking up the application

for considering entitlement of eligible persons.

[2023/RJJP/003785] (3 of 4) [CRLW-443/2023]

The relevant portion of the order passed in the case of Ajay

Vs. State of Rajasthan & Ors. (supra) is quoted hereunder:-

"This Court finds that the District Parole Advisory Committee has been constituted as per the Rajasthan Prisoners Release on Parole Rules, 2021 and accordingly meetings are conducted by the District Parole Advisory Committee.

This Court finds that if any application is filed by the prisoner for grant of first regular parole, Jail Authorities are expected to place such applications immediately before the District Parole Advisory Committee and no undue delay should be caused for placing such applications before the Committee and Jail Authorities, on receipt of such applications, should place these applications before the Committee immediately without any delay.

Non-furnishing/submission of these applications may cause resentment in the prisoners and in the given case, if the application is filed at earlier point of time but subsequently was placed before the Jail Authorities at later point of time, prisoner has a reasonable belief that the Authorities are not acting in a proper manner rather they are acting in an arbitrary and discriminatory manner. This kind of practice should be avoided by the Jail Authorities and they should immediately act upon the receipt of such applications and the same should be placed before the Committee without any delay.

This goes without saying that it is the District Parole Advisory Committee which has to take the final decision as whether any convict is entitled for grant of parole or not, however the applications filed by the prisoners need to be placed before the Committee without any delay and discrimination."

[2023/RJJP/003785] (4 of 4) [CRLW-443/2023]

This Court disposes of the present writ petition and directs

that case of the petitioner may be placed before the District Parole

Advisory Committee and his case would be considered for third

regular parole in accordance with law.

                                    (BHUWAN GOYAL), J                                 (ASHOK KUMAR GAUR), J

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