Bhopa @ Vikram Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 8702 Raj

[2023:RJ-JD:35619-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 1577/2023

Bhopa @ Vikram Kumar, S/o Nathaji, B/c Garasiya, R/o Vaja Phali Vajwa, Police Station Aburoad Sadar, Dist. Sirohi (Raj.) (Presently Lodged At Central Jail, Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Jaipur.

2. Collector, Sirohi.

3. Supdt. Central Jail, Jodhpur.

                                                                    ----Respondents


For Petitioner(s)             :    By post
For Respondent(s)             :    Mr. Anil Joshi, GA-cum-AAG                  with
                                   Mr. Pallav Sharma



             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Judgment / Order

18/10/2023

This criminal writ petition is filed by the petitioner being

aggrieved with the decision of the District Parole Advisory

Committee, Sirohi (for short 'the Committee') dated 08.08.2023,

whereby the application filed by the petitioner for releasing him on

first parole of 20 days has been rejected.

Learned AAG has submitted that since the victim, her family

members as well as the neighbours have objected for releasing

the petitioner on 20 days' parole, the Committee has rightly

rejected his application for releasing him on 20 days' parole. It is

also submitted that with the release of the petitioner on parole,

there is all possibility that the law and order situation may be

disturbed.

[2023:RJ-JD:35619-DB] (2 of 2) [CRLW-1577/2023]

Having gone through the minutes of the meeting dated

08.08.2023 and after going through the reply to the writ petition

filed on behalf of the State, we are of the opinion that the

application filed by the petitioner for releasing him on 20 days'

parole has been dismissed illegally.

Maintaining the law and order is the duty of the

administration and ordinarily a prisoner cannot be denied benefit

of parole on the ground that law and order situation may be

affected by his release on parole, until there are some exceptional

circumstances. However, in this case, we don't find any

exceptional circumstance, for which, the benefit of parole is denied

to the petitioner.

Hence, this writ petition is allowed and the decision of the

Committee dated 08.08.2023 qua the petitioner is set aside and

the respondents are directed to release the petitioner on first

parole of 20 days, subject to the condition that he shall furnish a

personal bond of Rs.50,000/- along with two sureties of

Rs.25,000/- each to the satisfaction of the Superintendent,

Central Jail, Jodhpur.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

69-msrathore/-

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