Rajasthan High Court - Jodhpur
Arjun Singh vs State on 10 February, 2022
Bench: Sandeep Mehta, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 3/2022
Arjun Singh S/o Late Shri Heera Singh, Aged About 45 Years, At
Present Lodged In Central Jail, Udaipur Through His Mother
Phool Kanwar W/o Late Shri Heera Singh, Aged About 65 Years,
R/o Kudi Ber, Kachbli, P.s. Devgarh, District Rajsamand.
----Petitioner
Versus
1. State, Department Of Home, Jaipur.
2. The District Collector, Rajsamand.
3. The Superintendent , Central Jail, Udaipur.
----Respondents
For Petitioner(s) : Mr. K.R. Bhati
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG
(In-charge)
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MS. JUSTICE REKHA BORANA Order 10/02/2022 Heard. Perused the material available on record. The convict-petitioner has filed the instant writ petition for assailing the adverse recommendations dated 28.07.2021 passed by the District Parole Advisory Committee, Rajsamand whereby, the application for grant of third regular parole of 40 days submitted on behalf of the petitioner was rejected. The District Parole Advisory Committee dismissed the application of the petitioner on the ground that he has been convicted for the offences under the POCSO Act and hence, he is not entitled to be (Downloaded on 11/02/2022 at 08:49:20 PM) (2 of 2) [CRLW-3/2022] released on parole in accordance with the Rule 16(2)(a) of the Rajasthan Prisoners Release on Parole Rules, 2021.
It is not in dispute that petitioner has undergone more than ten years' imprisonment. He has satisfactorily availed earlier parole facilities. The application for release on parole was filed on behalf of the petitioner in the month of February, 2021 on which date, the Rajasthan Prisoners Release on Parole Rules, 2021 had not been promulgated. Thus, consideration of the petitioner's application for 40 days parole was required to be made under the Rajasthan Prisoners Release on Parole Rules, 1958. The petitioner, is definitely also entitled to be released on parole under the old Rules of 1958 and as his jail conduct is satisfactory, we hereby accept the instant writ petition; set aside the impugned recommendations dated 28.07.2021 and direct that convict- petitioner Arjun Singh S/o Late Shri Heera Singh shall be released on third parole of 40 days upon his furnishing a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of Superintendent Central Jail, Udaipur on the usual terms and conditions. The Superintendent, Central Jail, Udaipur 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 date of his release on parole.
(REKHA BORANA),J (SANDEEP MEHTA),J
15-Sudhir Asopa/-
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