Rajasthan High Court - Jodhpur
Mithu Singh vs State Of Rajasthan ... on 18 May, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/015961] (1 of 3) [CRLW-208/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 208/2023
Mithu Singh S/o Shri Laxman Singh, Aged About 34 Years, B/c
Rajput, R/o Charpotiya, P.s. Bhadesar, Dist. Chittorgarh. (At
Present Lodged In Central Jail, Udaipur) Through His Wife Smt.
Rinku Kanwar W/o Sh. Mithu Singh, Aged About 32 Years, B/c
Rajput, R/o Charpotiya, P.s. Bhadesar, Dist. Chittorgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Home
Department, Govt. Of Rajasthan, Jaipur.
2. The Dist. Collector, Cum Magistrate, Udaipur.
3. The Superintendent Central Jail, Udaipur.
----Respondents
For Petitioner(s) : Ms. Laxmi Devi
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted
by Mr. Pallav Sharma
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/05/2023
1. Petitioner has preferred this criminal writ petition (parole) for
seeking second regular parole for a period of thirty days.
2. Counsel for the petitioner submits that parole has been
rejected by the District Magistrate, Udaipur on the ground that
according to Rule 16(2)(a) of Rajasthan Prisoners (Release on
Parole) Rules, 2021, the petitioner is not entitled for grant of
parole as he was convicted for offence under Sections 3/4 & 7/8 of
POCSO Act. Counsel for the petitioner submits that since the Rules
of 2021 have come in force after conviction of the petitioner,
therefore, while considering the case of the petitioner for parole,
[2023/RJJD/015961] (2 of 3) [CRLW-208/2023]
the Rules, which were prevalent on the date of conviction, would
be applied. In support of her contention, counsel has relied upon
the judgment of the Hon'ble Supreme Court in the case of Hitesh
@ Bavko Shivshankar Dave Vs. State of Gujarat, Writ
Petition (Criminal) No.467/2022, decided on 24.01.2023.
Therefore, it is submitted that petitioner would be governed by the
earlier Rajasthan Prisoners (Release on Parole) Rules, 1958.
3. Learned AAG has opposed the second regular parole.
However, it is contended that the petitioner can move a fresh
application before the concerned Authorities.
4. Heard learned counsel for the parties.
5. In Hitesh @ Bavko Shivshankar Dave (supra), the Apex
Court was dealing with a matter of shortening of sentence. Apex
Court observed that in determining the entitlement of a convict for
premature release, the policy of the State Government on the
date of the conviction would have to be the determinative factor.
However, if the policy which was prevalent on the date of the
conviction is subsequently liberalised to provide more beneficial
terms, those should also be borne in mind.
6. In view of judgment of Hitesh @ Bavko Shivshankar Dave
(supra), Rajasthan Prisoners (Release on Parole) Rules, 1958
would apply with regard to parole of petitioner, hence, this Court
deems it proper to quash and set aside the order dated
17.01.2023 and direct the Authorities to release the petitioner on
second regular parole.
7. Criminal Writ Petition (Parole) is accordingly, allowed. The
order rejecting the application for second parole of 30 days dated
17.01.2023, passed by District Magistrate, Udaipur is quashed.
[2023/RJJD/015961] (3 of 3) [CRLW-208/2023]
The Jail Authorities are directed to release the petitioner on
second regular parole for a period of 30 days on furnishing of his
personal bonds of Rs.1,00,000/- with two sureties of Rs.50,000/-
each to the satisfaction of the Superintendent Central Jail, Udaipur
on the usual terms and conditions.
8. The Superintendent, Central Jail, Udaipur shall be at liberty
to impose other adequate and reasonable conditions to ensure
return of the convict to the custody after availing the parole. The
period of parole shall commence from the date of his release on
parole.
9. The petitioner shall maintain peace and tranquility during parole
period.
10. In case of failure to surrender by stipulated date, the Jail
Authorities shall proceed in accordance with Law.
(MANOJ KUMAR GARG),J
126-MS/-
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