Rajasthan High Court - Jodhpur
Rama vs State on 28 March, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 66/2022
Rama S/o Shri Deva, Aged About 30 Years, At Present Lodged In
Central Jail, Udaipur Through His Father Deva S/o Shri Sena,
Aged About 60 Years, R/o Aarvada, P.s. Kaleva, 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 MR. JUSTICE VINOD KUMAR BHARWANI Order 28/03/2022 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 Level Parole Advisory Committee, Rajsamand whereby, the application for grant of second parole of 30 days submitted on behalf of the petitioner was rejected. The Committee rejected the application of the convict-petitioner on the ground that till date, he has not served half of the sentences including remission awarded to him and hence, he is not entitled to be released on parole in accordance with Rule 16 (1) of the Rajasthan Prisoners Release on Parole Rules, 2021.
The application for release on second parole of thirty days was filed on behalf of the petitioner in the month of March, 2021 (Downloaded on 28/03/2022 at 08:44:30 PM) (2 of 2) [CRLW-66/2022] on which date, the Rajasthan Prisoners Release on Parole Rules, 2021 had not been promulgated. 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 second parole under the old Rules of 1958 because Superintendent, Central Jail, Udaipur as well as Assistant Director, Social Justice and Empowerment Department Rajsamand have recommended for his release on second parole. Thus, in order to give one more opportunity to the convict-petitioner 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 28.07.2021 qua him and direct that convict-petitioner Rama S/o Shri Deva shall 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, 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.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 25-Sudhir Asopa/-
(Downloaded on 28/03/2022 at 08:44:30 PM) Powered by TCPDF (www.tcpdf.org)