Rajasthan High Court - Jaipur
Dinesh Kumar@Pahalwan S/O Shri Hetram vs State Of Rajasthan on 14 October, 2022
Bench: Sandeep Mehta, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 577/2022
Dinesh Kumar@pahalwan S/o Shri Hetram, Aged About 42 Years,
R/o Nandgav, Police Station Sadar, Distt. Bhiwani ( Hariyana)
( At Present Confined In Open Air Camp, Jaipur (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Of
Prisons, Directorate Prisons, Ghatgate, Jaipur
2. The District Parole Advisory Committee Through The
Distt. Magistrate, Jaipur (Raj.)
3. The Superintendent, Central Jail, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Tekchand Swami
For Respondent(s) : Mr. Javed Choudhary, AGA
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE SAMEER JAIN
Order
14/10/2022
1. Present parole petition has been filed by the convict-
petitioner seeking second regular parole for a period of 15 days. It
is submitted that the petitioner is serving his sentence of life
imprisonment in Open Air Camp Jail, Sanganer, Jaipur. The
petitioner was convicted and sentenced by the competent court in
Sessions Case No.28/2010, under Section 302/120B IPC vide
judgment dated 27.05.2014. An appeal against the same is
pending before the Hon'ble High Court. It is submitted that the
petitioner was granted first regular parole for a period of 7 days
vide order dated 27.01.2021 and he surrendered himself before
concerned authority on the due date. His conduct was satisfactory
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(2 of 3) [CRLW-577/2022]
and there was no complaint. The petitioner has served more than
11 years of sentence without remission and is serving his sentence
in a disciplined manner. Learned counsel for the petitioner has
relied upon Rule 20 of Rajasthan Prisoners (Release on Parole)
Rules, 2021. He has submitted that the present is a case of
second parole for a period of 15 days. He has submitted that by
non-speaking order, the District Parole Committee, held on
21.07.2022, dismissed the petitioner's application in a mechanical
manner without assigning any reasons. Learned counsel further
submitted that the petitioner is a family man, owns land and has
deep roots in the society. Learned counsel contends that the
petitioner is entitled to be released on parole as he is fulfilling the
terms and conditions specified under Rule 20 of Rules of 2021.
2. Per contra, learned counsel for the State has raised
preliminary objection qua maintainability of the writ petition. He
submitted that as per Rule 16 of the Rules of 2021, there is a
statutory remedy of appeal before the Divisional Commissioner.
However, he was not able to controvert the contentions raised by
the learned counsel for the petitioner.
3. Considering the provisions of Rule 20, considering the fact that the conduct of the petitioner was satisfactory; that the petitioner duly complied with the terms of first parole and surrendered in time; that the petitioner was sent to Open Jail, looking to his conduct and looking to the overall facts and circumstances of the case, we are of the considered view that the petitioner should be granted benefit of second parole, especially considering the fact that petitioner fulfills the criteria specified in Rule 20 and that his application was rejected in a mechanical manner by a non-speaking order.
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(3 of 3) [CRLW-577/2022]
4. Accordingly, the instant writ petition is allowed. The convict-petitioner Dinesh Kumar@pahalwan S/o Shri Hetram shall be released on parole for a period of fifteen days provided he furnishes a personal bond in the sum of Rs.40,000/- along with two surety bonds of Rs.20,000/- each to the satisfaction of the Superintendent, Open Air Camp Jail, Sanganer, Jaipur on usual terms and conditions. The Superintendent, Open Air Camp Jail, Sanganer, Jaipur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict-petitioner to the custody after availing the parole. His term of parole shall be computed from the date of his actual release.
5. The parole writ petition is allowed, accordingly.
(SAMEER JAIN),J (SANDEEP MEHTA),J
JKP/35
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