Rajasthan High Court - Jodhpur
Vishal vs State Of Rajasthan on 14 December, 2022
Bench: Vijay Bishnoi, Manoj Kumar Garg
(1 of 2) [CRLW-412/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 412/2022
Vishal S/o Shri Dilip Jain, Aged About 33 Years, At Present
Lodged In Central Jail Udaipur Through His Father Dilip Jain S/o
Shri Bhanwarlal Ji Aged About 55 Years R/o Shukadiyanagar Ps
Nathdwara Dist. Rajsamand
----Petitioner
Versus
1. State Of Rajasthan, Deptt. Of Home Jaipur
2. The Distt. Collector, Rajasmand
3. The Supernitendent, Central Jail Udaipur
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
Mr. Sumer Singh Sen
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted
by Mr. Pallav Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 14/12/2022 Heard.
The convict petitioner has filed this parole writ petition being aggrieved with the decision taken by the District Parole Advisory Committee, Rajsamand in its meeting dated 28.07.2021 whereby, the application preferred by the petitioner for grant of first parole of 20 days has been rejected. The District Parole Advisory Committee has dismissed the application of the petitioner on the ground that he has been convicted for the offence punishable under POCSO Act and as per Rule 16(2)(a) of the Rajasthan (Downloaded on 14/12/2022 at 11:56:48 PM) (2 of 2) [CRLW-412/2022] Prisoners Release on Parole Rules 2021 (for short 'the Rules of 2021'), he is not entitled to be released on parole.
As per the reply filed by the State, the petitioner has undergone sentence of 7 years 3 months and 13 days as on 23 rd November, 2022.
The application for the release on parole was filed by the petitioner on 12.03.2021, whereas, the Rules of 2021 came into effect on 30.06.2021.
We are of the view that the application filed by the petitioner for releasing him on 20 days parole was required to be considered under the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Parole Rules of 1958').
Hence, we deem it appropriate to allow this writ petition. Accordingly, the petition is allowed. The action of the District Parole Advisory Committee rejecting the application filed by the petitioner for releasing him on 20 days parole is set aside. The District Parole Advisory Committee, Rajasamand is directed to consider the application dated 12.03.2021 filed by the petitioner for releasing him on parole afresh in accordance with the provisions of the Parole Rules of 1958 within a period of six weeks from the date of production of certified copy of this order. (MANOJ KUMAR GARG),J (VIJAY BISHNOI),J 11-raksha/-
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