Rajasthan High Court - Jodhpur
Modiya vs State Of Rajasthan ... on 10 September, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:37513-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 1543/2024
Modiya, S/o Jhala, R/o Budiya, Police Station Kotda, Dist.
Udaipur (Raj.).
(Presently lodged at Central Jail, Udaipur)
----Petitioner
Versus
1. State of Rajasthan, through Secretary, Jaipur.
2. Collector, Udaipur.
3. Superintendent Central Jail, Udaipur.
----Respondents
For Petitioner(s) : Mr. Praveen Bhati, Amicus Curiae
For Respondent(s) : Mr. Deepak Choudhary, G.A.-cum-AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
10/09/2024
1. The present petitioner, who is languishing in Central Jail,
Udaipur, has preferred the present parole seeking release on third
parole for 40 days.
2. The petitioner applied for his release on parole under the
Rajasthan Prisoners Release on Parole Rules, 1958 (For short
hereinafter called 'the Rules'). The authorities - District Parole
Advisory Committee, Udaipur in its meeting dated 04.10.2023
rejected the application made by the petitioner. It is against this
rejection, the petitioner is in writ.
3. The Jail Department has submitted its reply.
4. The petitioner, who was convicted and sentenced for the
offences punishable under Section 302 IPC with life imprisonment
[2024:RJ-JD:37513-DB] (2 of 4) [CRLW-1543/2024]
and a fine in Case No.80/2015 vide judgment dated 16.10.2015
passed by the learned Additional Sessions Judge (Women
Atrocities) Cases, Udaipur.
5. Learned Amicus Curiae appearing for the petitioner submits
that after having entitlement of grant for third regular parole of 40
days, the case of the prisoner was sent to the District Magistrate,
Udaipur. The District Parole Advisory Committee, Udaipur held its
meeting on 04.10.2023 and considered the matter of prisoner for
grant of third regular parole of 40 days. The Superintendent,
Central Jail, Udaipur sent its report dated 14.07.2023 stating
therein that prisoner was absconded from the Open Air Camp,
therefore, he was punished from Jail punishment on 06.08.2023.
6. Learned Amicus Curiae submits that after the petitioner has
been released twice on parole and had complied with all the
necessary conditions, however, when he was in an Open Air Camp,
Udaipur, he escaped for 17 days but was re-arrested in August,
2022. On 06.07.2023, the petitioner was punished under Section
224 of the IPC. The petitioner has suffered jail punishment on
06.08.2023. Learned Amicus Curiae submits that the petitioner
has already suffered custody of 12 years, 9 months and 10 days.
7. Learned Amicus curiae further submits that the State Level
Parole Committee has rejected the permanent parole in
accordance with Rule 14(c) of the Rajasthan Prisoners Release on
Parole Rules, 1958 (hereinafter to be referred as 'Rule 14(c) of the
Rules of 1958') which reads as follows:-
14(c): Prisoners who have escaped from the Jail
or Police custody or attempted to escape;
[2024:RJ-JD:37513-DB] (3 of 4) [CRLW-1543/2024]
8. Learned Amicus Curiae further submits that in the given
factual matrix and particularly when the petitioner though hit by
Rule 14(c) of the Rules of 1958 but does not fall under the case of
non-eligible prisoner for grant of parole because of the custody
period, his adherence under two paroles i.e. parole first and parole
second, which have been earlier granted to the petitioner, further
the petitioner has undergone the jail punishment and nothing
extraordinary has been pointed out by the respondents to restrain
the appellant-accused to go on parole.
9. Learned Government Advocate-cum-Additional Advocate
General opposes the parole petition but is unable to refuse the
factual matrix of the case, narrated by the learned Amicus Curiae.
10. Heard learned counsel for the parties and perused the
material available on record.
11. On conjoint consideration of the custody period, the first and
second parole having undergone by the petitioner as per the
conditions imposed, even though he escaped for 17 days and
thereafter had undergone the jail punishment, nothing
extraordinary having been pointed out at this stage.
12. The convict has already undergone a sentence of 12 years,
09 months and 10 days as on 27.08.2024. It is pertinent to note
that the petitioner does not suffer from any ineligibility for his
release on parole as prescribed under Rule 16 of the Rajasthan
Prisoners Release on Parole Rules, 2021. More so, Ipsi dixit
reason of adverse police report cannot be a ground for refusing
parole. It is well settled that parole is a device for reformation of
a criminal for his rehabilitation in society. The object of parole
can't be frustrated on the basis of vague and ill-founded reasons.
[2024:RJ-JD:37513-DB] (4 of 4) [CRLW-1543/2024]
13. Accordingly, this petition for parole is allowed and convict
prisoner - Modiya, S/o Jhala is directed to be released on third
regular parole of 40 days strictly in accordance with the provisions
of Parole Rules after ensuring its strict compliance as required
before his release, provided he furnishes two sureties in the sum
of Rs.1,00,000/- and two sureties of Rs.50,000/- each (out of
which one surety will be of close family member) to the
satisfaction of the Superintendent, Central Jail, Udaipur with the
usual conditions enshrined under the Rules of 1958 and as may be
prescribed by the concerned Superintendent of Jail. The
Superintendent, Central Jail concerned will give a date for
surrender of convict and shall also be at liberty to impose other
reasonable and adequate conditions to ensure his return to the
State custody after availing the parole.
14. This Court directs that if during the period in which the
prisoner is released on parole indulge in any kind of offence
or/and any report is lodged against him of any offence, then in
such event, the parole granted to him shall stand cancelled.
15. This Court is thankful to Mr. Praveen Bhati, learned Amicus
Curiae who has rendered his assistance as Amicus Curiae on
behalf of the accused-appellant, in the present adjudication.
(MUNNURI LAXMAN),J (DR. PUSHPENDRA SINGH BHATI),J
19-Ravi Khandelwal
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