Rajasthan High Court - Jaipur
Roop Singh @ Lala Son Of Jagdish Prasad vs State Of Rajasthan on 7 May, 2022
Bench: Pankaj Bhandari, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 166/2022
Roop Singh @ Lala Son Of Jagdish Prasad, Aged About 35 Years,
Resident Of Village Data Suti, Tehsil Bamanwas, Police Station
Bamanwas, District Sawai Madhopur (Rajasthan) Presently
Confined In Open Air Camp Sanganer, Jaipur
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home, Government Of Rajasthan, Jaipur
2. The Prisoners Parole Advisory Committee (State
Committee), Through Its Chairman, Director General Of
Prisons, Rajasthan
3. Deputy Inspector General Of Prisons, Jaipur Rajasthan
4. Superintendent Central Jail, Jaipur
----Respondents
For Petitioner(s) : Mr. Dheeraj Singhal, Adv. For Respondent(s) : Mr. N.S. Gurjar, Asst. GA HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 07/05/2022
1. Petitioner has preferred this writ petition (Parole) being aggrieved by the order dated 28.11.2021, whereby his application for permanent parole was rejected.
2. It is contended by counsel for the petitioner that his application was rejected considering it to be under the Rajasthan Prisoners Release on Parole Rules, 2021 (hereinafter referred to as 'Rules of 2021').
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3. It is argued that the application for permanent parole was filed as per the earlier Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'Rules of 1958') and the same should have been disposed of in accordance with Rules of 1958.
4. We have considered the contentions.
5. Petitioner had earlier filed D.B Criminal Writ Petition (Parole) No.884/2021, the same was allowed by the Court and the matter was remanded to the State Government objectively to re-consider the case of the petitioner for grant of permanent parole under Rule 9 of Rules of 1958 and pass a reasoned order. Vide impugned order dated 28.11.2021, petitioner's application has been rejected under Rules of 2021.
6. The authorities have not properly considered the directions issued by the Court in D.B. Criminal Writ Petition (Parole) No.884/2021 as the directions were crystal clear that the application has to be considered under Rules of 1958.
7. Since the authorities have dismissed the application under Rules of 2021, the impugned order dated 28.11.2021 deserves to be and is accordingly, quashed.
8. The Criminal Writ Petition (Parole) is accordingly disposed of.
9. Authorities are directed to decide the application for permanent parole under Rule 9 of Rules of 1958 within a period of four weeks after receipt of this order.
10. Registrar (Judicial) is directed to send a copy of this order to the appropriate authorities.
(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J Pravesh/16 (Downloaded on 12/05/2022 at 09:19:41 PM) Powered by TCPDF (www.tcpdf.org)