Rajasthan High Court - Jodhpur
Ramesh @ Papiya vs State Of Rajasthan on 26 August, 2022
Bench: Vijay Bishnoi, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 154/2022
Ramesh @ Papiya S/o Shri Bhanwar Lal, Aged About 42 Years, At
Present Lodged In Open Air Camp Sanganer Jaipur Through His
Nephew Shri Parveen S/o Shri Pitambar Age About 24 Years R/o
36 Guru Nagar Sardar Samand Road Ps Industrial Area Dist. Pali
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home Raj. Jaipur
2. The Director General (Jails), Jaipur
3. The Dist. Collector, Pali
4. The Superintendent, Central Jail Jaipur
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG
Mr. Rajat Chhaparwal
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 26/08/2022 This parole writ petition has been filed by the petitioner being aggrieved with the decision of the District Parole Committee, Jodhpur in its meeting dated 28.12.2021, whereby the prayer of the petitioner for releasing him on 05th parole of 40 days has been rejected.
The District Parole Committee has observed that as the petitioner has been convicted for the offence punishable under Section 364 I.P.C. and as per Rule 16(2)(b) of the Rajasthan Prisoners Release on Parole Rules, 2021 (hereinafter to be (Downloaded on 26/08/2022 at 10:53:07 PM) (2 of 3) [CRLW-154/2022] referred as 'Rules of 2021'), he is not entitled for the benefit of parole.
Learned counsel for the petitioner has submitted that the petitioner was convicted for the offence punishable under Section 302 I.P.C. and sentenced for life imprisonment, however, for the offence punishable under Section 364 I.P.C., he has been sentenced for 7 years only whereas he has already served out the sentence of 12 years, 5 months and 5 days as on 25.4.2022 including the period of remission. As such the sentence awarded to the petitioner for the offence punishable under Section 364 I.P.C. has already been served out by him.
Learned counsel for the petitioner has placed reliance upon the decision of a Coordinate Bench of this Court passed in D.B. Criminal Writ Petition No.264/2022 (Hadmant Singh @ Hadmata Vs. State of Rajasthan & Ors.) decided on 22.7.2022 and argued that vide above referred order this Court has held that once a convict has already served out the total imprisonment for the offence for which he has been convicted, then there is no impediment for releasing him on parole even with reference to the Rules of 2021.
Mr. Anil Joshi, learned A.A.G. is not in position to dispute the fact that the sentence awarded to the petitioner for commission of offence punishable under Section 364 I.P.C. i.e. 7 years has already been served out by him. However, Mr. Joshi has argued that since the word conviction is mentioned in the Rule 16(2)(b) of the Rules of 2021, it is irrelevant whether the petitioner has served out the sentence for prohibited category offence or not.
Heard learned counsel for the parties.
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(3 of 3) [CRLW-154/2022] This Court in Hadmant Singh's case (supra), while taking into consideration the fact that the convict has served out the sentence awarded to him, for a category which is specifically prohibited in the Rules of 2021, has granted the parole. The relevant observations made by this Court in Hadmant Singh's case (supra) are as under:-
"In this background, it is apparent that the petitioner has already served the total imprisonment for the offence under Section 460 IPC and hence, there is no impediment for releasing him on parole even with reference to the Rules of 2021. Thus, we are inclined to grant him concession of fifth regular parole."
We are in agreement with the view taken by the Coordinate Bench in the case of the Hadmant Singh (supra).
Accordingly, this parole writ petition is allowed and the jail authorities are directed to release the petitioner Ramesh @ Papiya S/o Shri Bhanwar Lal on fifth parole for 40 days on his furnishing a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each.
The jail authorities shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the actual date of his release on parole.
(UMA SHANKER VYAS),J (VIJAY BISHNOI),J
9-Babulal/-
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