Rajasthan High Court - Jaipur
Mohammed Zakir @ Handi S/O Khaleel ... vs State Of Rajastahan ... on 28 March, 2025
Bench: Narendra Singh Dhaddha, Bhuwan Goyal
[2025:RJ-JP:14271-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 286/2025
Mohammed Zakir @ Handi S/o Khaleel Mohammed, Aged About
32 Years, R/o In Front Of Gali No. 6, Near Of Sulaiman House,
Pratap Colony, Police Station Railway Colony, District Kota (Raj.)
(At Present In Central Jail, Kota) Through His Elder Brother
Mohammed Munna Khan S/o Khaleel Mohammed, Aged About 41
Years, R/o In Front Of Gali No. 6, Near Of Sulaiman House,
Pratap Colony, Police Station Railway Colony, District Kota (Raj.)
324002
----Petitioner
Versus
1. State Of Rajastahan, Through The Secretary Home,
Secretariat, Jaipur (Raj.)
2. The District Parole Advisory Committee, Through Its
Chairman, District Magistrate, Kota.
3. Superintendent Central Jail, Kota.
----Respondents
For Petitioner(s) : Mr. Vishram Prajapati
For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. with
Mr. Manvendra Singh, Dy. G.A.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 28/03/2025
1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking second regular parole for a period of 30 days.
2. It is contended by counsel for the petitioner that parole application of the petitioner has been rejected on the ground that the Superintendent of Police, District Kota has given an adverse report against the petitioner. It is further contended that the petitioner has remained in custody for a period of more than nine years. His jail conduct as per the report of the Superintendent, (Downloaded on 01/04/2025 at 10:06:06 PM) [2025:RJ-JP:14271-DB] (2 of 3) [CRLW-286/2025] Central Jail, Kota is satisfactory. It is further contended by counsel for the petitioner that the report of the Social Welfare Department is in favour of the petitioner. It is also contended that the petitioner has availed 1st regular parole for 20 days and he himself surrendered in time after expiry of parole period. Thus, there is no justification in rejecting the petitioner's second parole application only because of adverse police report.
3. Learned Additional Government Advocate has opposed the present writ petition. It is contended that Superintendent of Police, District Kota has given adverse report against the petitioner.
4. We have considered the contentions advanced by counsel for the parties and perused the material came on record.
5. Considering the fact that the petitioner has remained in custody for a period of more than nine years; the petitioner has earlier availed 1st regular parole for 20 days and he surrendered in time before the jail authorities; his jail conduct is satisfactory; no documentary evidence in support of adverse police report has been placed on record to deny the prayer for grant of second regular parole to the petitioner; we deem it proper to allow the present writ petition (parole), set aside the order/recommendations dated 05.02.2025 qua the petitioner and release the petitioner on second regular parole of 30 days in accordance with the Rajasthan Prisoners Release on Parole Rules 1958.
6. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated (Downloaded on 01/04/2025 at 10:06:06 PM) [2025:RJ-JP:14271-DB] (3 of 3) [CRLW-286/2025] 05.02.2025 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of 30 days on his furnishing a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Kota with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of the parole period and shall maintain peace and tranquility during the parole period. The 30 days' parole period shall be counted from the date of the petitioner's release.
7. In case of his failure to surrender by stipulated date/time, the Jail Authorities shall be free to proceed against the petitioner in accordance with law.
8. Office is directed to send a copy of this order to the Superintendent, Central Jail, Kota by fax today itself for necessary compliance.
(BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Anu/Sudeepak/23 (Downloaded on 01/04/2025 at 10:06:06 PM) Powered by TCPDF (www.tcpdf.org)