Krishan @ Bablu vs State Of Rajasthan ...
2023 Latest Caselaw 8998 Raj

[2023:RJ-JD:37325-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 1637/2023

Krishan @ Bablu S/o Shri Karni Ram, Aged About 47 Years, At Present Lodged In Open Air Camp, Bhichwal Bikaner, Through His Wife Smt. Anita Devi W/o Shri Krishan @ Bablu, Age About 46 Years, R/o Ward No. 02, Sardar Sahar, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.

2. The District Collector, Bikaner.

3. The Superintendent, Central Jail, Bikaner.

                                                                    ----Respondents


For Petitioner(s)             :    Mr. K.R. Bhati
For Respondent(s)             :    Mr. Anil Joshi, GA-cum-AAG                  with
                                   Mr. Rajat Chhaparwal



             HON'BLE MR. JUSTICE VIJAY BISHNOI
            HON'BLE MR. JUSTICE MUNNURI LAXMAN

                             Judgment / Order

02/11/2023

This criminal writ petition is filed by the petitioner being

aggrieved with the decision of the Distt. Parole Committee,

Bikaner (for short 'the Committee') dated 25.8.2023, whereby his

application for releasing him on seven days' parole has been

rejected.

The reason given by the Committee for rejecting petitioner's

application for releasing him on seven days' parole is that he

remained absconded and did not surrender himself before the

concerned jail authorities on expiry of 30 days' second parole in

the year 2015.

[2023:RJ-JD:37325-DB] (2 of 3) [CRLW-1637/2023]

Learned counsel for the petitioner has submitted that

though, the petitioner has remained absconded from 2015 to

2018, but after 2018, he was lodged in Central Jail, Bikaner and

later on shifted to the Open Air Camp, Bichhwal and at present, he

is residing there with his family. Learned counsel has further

submitted that the earlier writ petition being DB Criminal Writ

Petition No.496/2020 filed by the petitioner was dismissed by this

Court vide order dated 9.2.2021 while granting him liberty to

renew the prayer for parole after a lapse of two years. It is

submitted that the aforesaid writ petition was dismissed by this

Court on 9.2.2021 and now after a lapse of two years, the

petitioner has filed application for releasing him on seven days'

parole under Rule 18 of the Rajasthan Prisoners Release on Parole

Rules, 1958, however, the same has been rejected mechanically

by the respondents without taking into consideration the fact that

the conduct of the petitioner in jail is satisfactory.

Learned AAG, while opposing this criminal writ petition, has

argued that on the basis of the reports of the Superintendent,

Central Jail as well as the Social Welfare Department concerned,

the benefit of seven days' parole has been denied to the petitioner

and the same is not liable to be interfered with.

Having heard learned counsel for the parties and taking into

consideration the fact that though the Superintendent, Central Jail

has not recommended for releasing the petitioner on seven days'

parole, but in the report, he has specifically stated that the

conduct of the petitioner in the jail is satisfactory and also

considering the fact that the petitioner is at present lodged in the

Open Air Camp, Bichhwal along with his family and his conduct is

[2023:RJ-JD:37325-DB] (3 of 3) [CRLW-1637/2023]

good, we are of the opinion that the Committee has illegally

rejected the application of the petitioner for releasing him on

seven days' parole.

In view of the above, this criminal writ petition is allowed;

the decision of the Committee dated 25.8.2023 qua the petitioner

is set aside and the respondents are directed to release the

petitioner on seven days' parole subject to the condition that he

furnishes a personal bond of Rs.1,00,000/- along with two sureties

of Rs.50,000/- each on usual conditions.

The petitioner shall surrender himself before the jail

authorities concerned on expiry of the parole period.

                                   (MUNNURI LAXMAN),J                                           (VIJAY BISHNOI),J


                                    23-msrathore/-









Powered by TCPDF (www.tcpdf.org)