[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Bhuriya Alias Jagdish vs State Of Rajasthan ... on 13 April, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:17115-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 897/2026
Bhuriya Alias Jagdish S/o Shri Amarnath Alias Laxman Nath,
Aged About 44 Years, R/o Bhanda Heda, P.s. Kethoon, District
Kota At Present In Special Central Jail For Detention,
Shyalawaas, Dausa.
----Petitioner
Versus
1. State Of Rajasthan, Department Of Home Affairs, Jaipur.
2. The District Parole Advisory Committee, Through District
Magistrate, Bhilwara.
3. The Superintendent, Central Jail, Ajmer.
4. The Superintendent, District Jail, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Chirag Khatri
For Respondent(s) : Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
13/04/2026
Heard learned counsel for the parties.
2. The present petition has been filed by the petitioner for
releasing him on first parole of 20 days.
3. The petitioner is convicted for the offence under Sections
302 & 392 IPC vide judgment dated 06.06.2013 passed by the
Additional District & Sessions Judge, Bhilwara. He is undergoing
sentence for life imprisonment. The petitioner's case was
considered by the District Parole Committee in its meeting held on
16.12.2025. However, the same was rejected. Hence, the
present writ petition has been filed.
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[2026:RJ-JD:17115-DB] (2 of 4) [CRLW-897/2026]
4. Learned counsel for the convict-petitioner submits that the
petitioner is undergoing sentence at Central Jail, Dausa. Learned
counsel submits that the petitioner has completed more than 17
years of custody alongwith remission and therefore, he is entitled
for grant of first parole as per rules of the Rajasthan Prisoners
Release on Parole Rules, 1958 (for short, 'Rules of 1958'). Learned
counsel submits that the petitioner does not incur any ineligibility
as per Rule 14 of Rules of 1958 and therefore, the petitioner is
entitled to be released on first parole. He therefore, prays that the
present petition may be allowed and the petitioner may be
released on first parole for 20 days.
4. To buttress his contentions, learned counsel for the petitioner
has relied upon the following judgments:
1. 2005 Supreme (Raj) 2432; Budhi vs. State of
Rajasthan & Anr. decided on 25.10.2005.
2. 2002 Supreme (Raj) 5; Mohan Lal vs. State of
Rajasthan decided on 01.04.2002.
3. D.B. Criminal Writ Petition No.3249/2025; Harpal
Singh vs. State of Rajasthan & Ors. decided on
09.12.2025.
4. D.B. Criminal Writ Petition No.366/2018; Smt. Pushpa
Devi vs. State of Rajasthan & Ors. decided on
01.11.2018.
5. Per contra, learned Additional Advocate General submits that
although the petitioner has undergone the sentence for more than
17 years but he is not entitled for release on first parole on
account of the fact that the petitioner absconded from Open Air
Camp from 23.08.2019 till 19.01.2020 and therefore, he is
ineligible for grant of parole as per Rule 14 of the Rules of 1958.
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[2026:RJ-JD:17115-DB] (3 of 4) [CRLW-897/2026]
The AAG therefore, submits that the committee has rightly
rejected case of the petitioner by its order dated 15.12.2025.
6. We have considered the submissions made at Bar and have
gone through the relevant record of the case.
7. The undisputed fact of the present petition discloses that the
petitioner after conviction has suffered a sentence of more than 17
years. It is also true that the petitioner absconded from Open Air
Camp from 23.08.2019 till 19.01.2020. The case of the petitioner
is required to be considered within the parameters of Rules of
1958 and as per Rule 14, the case of a convict is ineligible if the
prisoner has absconded from the jail or police custody. Since the
situation contemplated under Rule 14 is qualified by the word
"ordinarily," all facts and circumstances arising in a given case
must be examined from that perspective. It is further noted that
the mandatory condition under Rule 14 is qualified by the word
"unless," which signifies that if a person has not undergone 1/4 th
of the total sentence, he shall not be eligible for consideration for
release on parole. Therefore, in the considered opinion of this
Court, two very important words in Rule 14 are "ordinarily" which
is used in the first part of Rule 14 and "unless" which is used in
second part of Rule 14 clearly denote that the first part is required
to be considered in the ordinary circumstances of the case and
second part is required to be considered in the mandatory form
therefore, if a convict has not undergone 1/4 th of his total
sentence, will not be eligible and entitled for consideration of his
release on parole, whereas if certain ineligibility is mentioned in
first part of the Rule 14 are incurred, the Courts will be free to
consider the facts and circumstances in the appropriate case.
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[2026:RJ-JD:17115-DB] (4 of 4) [CRLW-897/2026]
8. In the considered opinion of this Court, although the
petitioner has absconded from Open Air Camp from 23.08.2019 to
19.01.2020 but, thereafter, he has suffered incarceration for
almost six years now. Therefore, we are of the view that the case
of the petitioner is required to be considered favourably. More
particularly, when he has undergone a sentence of more than 17
years.
9. In the view of the discussions made above, the present
petition merits acceptance and the same is allowed. The
respondents are directed to release the convict-petitioner Bhuriya
@ Jagdish S/o Shri Amarnath @ Laxman Nath on first parole of 20
days provided he furnishes a personal bond of Rs.50,000/- along
with two surety bonds of Rs.25,000/- each to the satisfaction of
the Superintendent, Central Jail Dausa on usual terms and
conditions. The Superintendent, Central Jail Dausa shall be at
liberty to impose other adequate and reasonable conditions to
ensure return of the convict-petitioner to the custody after availing
the parole.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
21-T.Singh/-
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