Rajasthan High Court - Jaipur
Harchand vs State (Home Department)Ors on 5 April, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN D.B. Civil Writ Petition (Parole) No.4402/2013 Harchand through his cousin brother Gopal Vs. State of Rajasthan and Others Date of Order ::: 05.04.2013 Present Hon'ble Mr. Justice Mohammad Rafiq Hon'ble Mrs. Justice Nisha Gupta Shri B.R. Choudhary, counsel for petitioner Shri Javed Choudhary, Additional Government Counsel #### By the Court:-
Petitioner has filed this writ petition praying for a direction to the respondents to release him on fourth regular parole for forty days under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958.
The petitioner is serving his sentence of life imprisonment awarded by learned Additional Sessions Judge (Fast Track) No.3, Ajmer Camp Kishangarh, vide judgment dated 30.04.2005 in Sessions Case No.6/2004. He was convicted for offence under Sections 148, 323, 341 and 302/149 IPC. His appeal being D.B. Criminal Appeal No.450/2005 against that judgment is pending before this court. Petitioner has already remained behind the bars for more than nine years with remission. His behaviour in jail has been good and there is no complaint against him. During the period of first, second and third regular parole, there was no complaint whatsoever against the petitioner and therefore he is entitled to fourth regular parole of forty days under Rule 9 of the Rules of 1958. For fourth regular parole to petitioner, his cousin brother submitted application before the authority concerned but the same has not been considered as yet.
However, contention of learned counsel for petitioner is that his application for release on parole has not been considered by the jail authorities because of pendency of his appeal against conviction before this court, in view of the judgment of a Division Bench of this Court in Umesh Kumar Singh @ Munna Singh Vs. The State of Rajasthan 2012 (3) WLC (Raj.) 739. As per contrary judgments of another Division Benches of this Court in Bhanwar Lal Godara and Others Vs. State of Rajasthan and Others 2005 (1) WLC (Raj.) 93 and Gani Khan Vs. State of Rajasthan 2010 (1) Cr.L.R. (Raj.) 378, there is no impediment for release of a convict on parole, whose appeal against conviction has not been decided. Subsequent Division Bench judgment of this court in Sanjay Jain @ Nawab Vs. State of Rajasthan and Others, D.B. Civil Writ (Parole) Petition No.18721/2012, decided on 28.01.2013, has held the earlier Division Bench judgments would continue to hold field, until the same is reversed by the Larger Bench.
In the light of that, the respondents are directed to process, consider and decide the application of the petitioner for fourth regular parole within a period of four weeks from the date a copy of this order is submitted before them. While considering the application of the petitioner, pendency of his criminal appeal before this court, would not be an impediment.
The writ petition accordingly stands disposed of.
(Nisha Gupta) J. (Mohammad Rafiq) J. //Jaiman//129
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW