Rajasthan High Court - Jodhpur
Mahendre Singh vs State on 1 April, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 81/2022 Mahendre Singh S/o Shri Jabbar Singh, Aged About 30 Years, At Present Lodged In Central Jail, Jodhpur Through His Wife Smt. Lahar Kanwar W/o Shri Mahendre Singh, Aged About 26 Years, R/o Village Solankiya Tala, P.s. Shergarh, District Jodhpur.
----Petitioner Versus
1. State, Department Of Home, Jaipur.
2. The District Collector, Jodhpur.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. Mahipal Bishnoi, PP JUSTICE DINESH MEHTA Order 01/04/2022
1. By way of petition in hand, the petitioner has challenged the decision of the Parole Advisory Committee, that was taken in its meeting dated 27.07.2021, whereby petitioner's application for third parole was rejected in light of the Rajasthan Prisoners Release on Parole Rules, 2021 (hereinafter referred to as 'the Rules of 2021').
2. Learned counsel for the petitioner argued that petitioner's application for the third parole was filed on 07.06.2021, on which date, the Rules of 2021 had not come into force, hence, the Parole Advisory Committee was not justified in rejecting petitioner's application for third parole.
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(2 of 2) [CRLW-81/2022]
3. While arguing that petitioner's application was required to be considered under the earlier Rules, namely, Rajasthan Prisoners Release on Parole Rules, 1958, learned counsel for the petitioner relied upon the order dated 10.02.2022, passed by a Division Bench of this Court in D.B. Criminal Writ Petition No.3/2022 (Arjun Singh Vs. State & Ors.) and submitted that case of a prisoner is required to be considered as per the law prevailing on the date of submitting the application for parole.
5. Having heard learned counsel for the petitioner and considering the order dated 10.02.2022, this Court is of the considered view that the petitioner's application has wrongly been rejected. The petitioner's application, which was filed on 07.06.2021, cannot be decided in light of the Rules of 2021, which have come into force on 29.06.2021.
7. The present petition is, therefore, allowed.
8. The impugned order dated 27.07.2021 is hereby quashed and set aside.
9. The District Parole Committee, Jodhpur is directed to consider petitioner's application afresh, in accordance with law.
(DINESH MEHTA),J 119-skm/-
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