Rajasthan High Court
Babulal Son Of Bhanwarnath vs State Of Rajasthan on 9 March, 2023
Bench: Ashok Kumar Gaur, Bhuwan Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 820/2022
Babulal Son Of Bhanwarnath, Aged About 40 Years, R/o Nanta,
Police Station Kunhadi, District Kota Rajasthan (At Present
Confined In Special Central Jail Shyalawas, District Dausa)
Through His Wife:- Smt Santosh W/o Babulal Aged About 38
Years, R/o A-28, Shyam Nagar Vistar, Police Station Bhankrota,
District Jaipur
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Prison,
Jaipur.
2. The District Collector, Jaipur.
3. The Superintendent Special Central Jail, Shyalawas
District Dausa.
----Respondents
For Petitioner(s) : None present.
For Respondent(s) : Mr. Rajendra Yadav, G.A. cum AAG.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
09/03/2023
1. This Court finds that the present criminal writ petition has
been filed by the petitioner for seeking a direction to grant him
second regular parole for 7 days.
2. This Court finds that the District Collector & District
Magistrate, Jaipur vide order dated 12.08.2021 has rejected the
prayer of the petitioner to grant him second regular parole and his
name finds at serial No.21 in the said order.
3. This Court finds that the grievance of the petitioner is in
respect of his entitlement of second regular parole as per
(2 of 4) [CRLW-820/2022]
erstwhile Rules of 1958 i.e. Rajasthan Prisoners Release on Parole
Rules, 1958 and case of the petitioner has been dealt with by the
respondents under Rajasthan Prisoners Release on Parole Rules,
2021.
4. This Court finds that in the present case the petitioner has
been convicted under Section 302 I.P.C. and sentenced with life
imprisonment by judgment dated 03.10.2001 in Sessions Case
No.33/2001.
5. This Court finds that the case of the petitioner is required to
be dealt with by the respondents as per the Rules of 1958 as the
date of conviction of the petitioner is 03.10.2001 and the
Rajasthan Prisoners Release on Parole Rules, 2021 will not be
made applicable while deciding the case of the petitioner.
6. This Court also finds that the Apex Court in the case of
Hitesh @ Bavko Shivshankar Dave vs State of Gujarat,
Criminal Writ Petition No.467/2022, has also laid down vide
order dated 24.01.2023 that the Rules which are prevalent at the
time of conviction are required to be applied and incumbent is
required to be considered for grant of parole as per the prevalent
Rule at the time of conviction.
7. This Court finds that the case of the petitioner has wrongly
been dealt with by the respondents while deciding his case vide
order dated 12.08.2021.
8. Learned Government Advocate cum Additional Advocate
General-Mr. Rajendra Yadav submits that the petitioner though
was convicted on 03.10.2001, however, since he has not
consumed 1/2 sentence of his total sentence with remission, as
such, he is not entitled for release on regular parole.
(3 of 4) [CRLW-820/2022]
9. Learned G.A. cum AAG further submits that Rules of 1958
have now been replaced by the Rajasthan Prisoners Release on
Parole Rules, 2021 and as such as per Rule 16(1) of the Rules of
2021, the petitioner has not been found eligible for release on
regular parole.
10. Learned G.A. cum AAG further submits that the petitioner
has already consumed emergent parole of 15 days from
10.07.2002 to 24.07.2002 and he also did not report within the
stipulated time and as such the petitioner was later on arrested
vide order dated 29.04.2017, and as such, the petitioner had
absconded for a period of 14 years, 9 months & 19 days from
emergent parole.
11. Learned G.A. cum AAG further submits that the petitioner
has consumed total period of sentence upto 06.12.2022 as 9
years, 1 month & 4 days, and as such, he may not be released on
regular parole.
12. We have heard the submissions made by learned G.A. cum
AAG.
13. We find that the case of the petitioner has been dealt with by
the Authorities while passing order dated 12.08.2021 and the
petitioner has not been found eligible for grant of second regular
parole by applying Rajasthan Prisoners Release on Parole Rules,
2021.
14. We find that since the petitioner was convicted on
03.10.2001, and as such, while considering the case for grant of
parole, the Authorities are required to consider case of the
petitioner as per prevalent Rule at the time of conviction of the
petitioner.
(4 of 4) [CRLW-820/2022]
15. This Court accordingly dispose of this present criminal writ
petition by directing the respondents i.e. District Parole Advisory
Committee to consider the case of the petitioner as per erstwhile
Rules of 1958. The order dated 12.08.2021 deserves to be set-
aside and the same is accordingly set-aside qua the petitioner. We
direct the District 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 (ASHOK KUMAR GAUR),J
KESHAV
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