Rajasthan High Court - Jodhpur
Kailash Kumar vs State Of Rajasthan on 14 February, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 6/2022
Kailash Kumar S/o Sh. Manna Ji, Aged About 41 Years, At
Present Lodged In Central Jail, Jodhpur, Through His Mother
Munni Devi W/o Sh. Manna Ji, Aged About 70 Years, R/o Lalrai,
P.s. Sadri Dist. Pali.
----Petitioner
Versus
1. State Of Rajasthan, Home Dept., Jaipur.
2. The District Collector, Pali.
3. The Superintendent, Central Jail, Jodhpur.
----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 MR. JUSTICE VINOD KUMAR BHARWANI Order 14/02/2022 Heard. Perused the material available on record. The convict-petitioner has filed the instant writ petition for assailing the adverse recommendations dated 17.08.2021 passed by the District Parole Advisory Committee, Pali whereby, the application for grant of second parole of 30 days submitted on behalf of the petitioner was rejected. The District Parole Advisory Committee dismissed the application of the petitioner on the ground that the petitioner has convicted and sentenced to life imprisonment and till date, he has not served ten years' imprisonment (half of the sentence including remission) and (Downloaded on 15/02/2022 at 08:33:52 PM) (2 of 3) [CRLW-6/2022] hence, he is not entitled to be released on parole in accordance with Rule 16 (1)(b) of the Rajasthan Prisoners Release on Parole Rules, 2021.
As per the reply of the respondents, till 13.01.2022, the petitioner has undergone 8 years, 5 months and 24 days imprisonment. He has satisfactorily availed earlier parole facility without any complaint whatsoever. The application for release on parole was filed on behalf of the petitioner before promulgation of the new parole rules i.e, Rajasthan Prisoners Release on Parole Rules, 2021. Thus, consideration of the petitioner's application for second parole of thirty days was required to be made under the Rajasthan Prisoners Release on Parole Rules, 1958. The petitioner, is definitely entitled to be released on parole under the old Rules of 1958 as he has satisfactorily availed earlier parole facility. Thus, in order to give one more opportunity to the convict-petitioner Kailash Kumar for reforming himself and to facilitate his reintegration into the society, we are inclined to grant him concession of second parole.
Accordingly, we hereby accept the instant writ petition; set aside the impugned recommendations dated 17.08.2021 and direct that convict-petitioner Kailash Kumar S/o Sh. Manna Ji be released on second parole of thirty 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, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to (Downloaded on 15/02/2022 at 08:33:52 PM) (3 of 3) [CRLW-6/2022] 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.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 10-Sudhir Asopa/-
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