Rajasthan High Court - Jodhpur
Mahesh Kumar Vishnoi vs State Of Rajasthan (2025:Rj-Jd:27313) on 17 June, 2025
[2025:RJ-JD:27313]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1150/2025
Mahesh Kumar Vishnoi S/o Heera Ram, Aged About 27 Years,
R/o Ketu Kalan (Presently Gogadevo Ka Garh Shekhala) Tehsil
Shergsrh, Police Station Shergarh, District Jodhpur Rajasthan
(Presently Lodged In Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Home Secretariar Government Of Rajasthan Secretariat
Jaipur
2. The District Collector And District Magistrae, Jodhpur
3. The Superintendent, Central Jail Jodhpur
4. The Medical Officer, Incharge Jail Dispensary Central Jail
Jodhpur
----Respondents
For Petitioner(s) : Mr. Vishal Singh Bhati
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
This criminal writ petition has been filed by the convict -
Mahesh Kumar Vishnoi, who is lodged in Central Jail Jodhpur,
District Jodhpur, with a prayer for releasing him on parole for a
period of 15 days for the purpose of him treatment.
Learned counsel for the petitioner submitted that the
petitioner is suffering from Herniya disease and doctor advised to
undergo an operation immediately. Learned counsel further
submitted that earlier the petitioner has released on parole by a
[2025:RJ-JD:27313] (2 of 3) [CRLW-1150/2025]
co-ordinate Bench of this Court vide order dated 12.11.2024 &
18.03.2025 (in S.B. Criminal Writ Petition No.1753/2024)
(Ramdeen Khokhar Vs. State & Ors.) and S.B. Criminal Writ
Petition No.739/2025 (Ramdeen Khokhar Vs. State & Ors.) for
lookafter his wife in need of medical treatment.
A reply to the parole petition has been filed in which
medication condition of the convict-prisoner has been mentioned
that the petitioner has been convicted and sentenced for the
offence under Section 15(C) of the NDPS Act and awarded
sentence of 15 years alongwith fine in case No.61/2020 (FIR
No.05/2020, P.S. C.B.N., Kota) vide judgment dated 22.12.2022
passed by the learned Special Judge, NDPS Cases, Kota. It is
further submitted that as per letter dated 14.05.20225 sent by the
Senior Medical Officer, Jail Dispensary, Jodhpur it reveals that
prisoner as per Sonography is Scrotum, for this disease he was
provided medical treatment from time to time. It is further stated
that in order to take expert opinion of MDM, Hospital Guard is
allotting but due to non-availability of guard prisoner was not send
outside the jail. It is further submitted that the prisoner was
committed offence in jail on 22.11.2022, 24.07.2023 and
06.06.2023, therefore, he was punished as per the jail manual.
The details of offences are as under:(1) on 22.11.2022 the
prisoner accompany with another prisoner Meharban beating
another prisoner Pankaj Mishra, act of prisoner fall under the
category of jail crime and indiscipline, therefore, he was punishing
by debarred from facilities of 15 days canteen, S.T.D. and
meeting. (2) On 24.07.2023 the prisoner was continuously absent
[2025:RJ-JD:27313] (3 of 3) [CRLW-1150/2025]
from the workshop, he was orally warning but despite that the
prisoner is not attend workshop till date, therefore, a written
warning is giving and (3) On 06.06.2023, the prisoner is
continuously absent from the workshop, therefore, on 21.08.2023
he was punished by debarred of meeting from 15 days. It is
further submitted that the conduct/behavior of the prisoner is not
satisfactory from last 2 years. It is submitted that there is no
provision in the Rajasthan Prisoners Release on parole Rule, 2021
to release the prisoner who was convicted under Section 15(C) of
the NDPS Act but as per the Rajasthan Prisoners Release on Parole
Rule, 2021 the prisoner who was convicted under Section 15(C)
of the NDPS Act is entitled to release on 15 days parole on the
satisfaction of State Government.
Having considering the reply and the report of the jail
authorities, the instant parole writ petition is dismissed. However,
the jail authorities are directed to provide better treatment to the
petitioner for his disease as per Doctor's advice.
(CHANDRA PRAKASH SHRIMALI),VJ
228-Hanuman/-
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