Rajasthan High Court - Jodhpur
Heera Lal 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. 592/2021
Heera Lal S/o Shri Dalla, Aged About 45 Years, At Present
Lodged In Central Jail, Udaipur Through His Wife Puspa Devi W/o
Shri Heera Lal, Aged About 38 Years R/o Morchana, Mahla, P.s.
Rajnagar, Distt. Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Department Of Home, Jaipur.
2. The District Collector, Rajsamand.
3. The Superintendent, Central Jail, Udaipur.
----Respondents
For Petitioner(s) : None present.
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 28.07.2021 passed by the District Parole Advisory Committee, Rajsamand 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 he has been convicted for the offences under the POCSO Act and hence, he is not entitled to be released on parole (Downloaded on 19/02/2022 at 08:16:10 PM) (2 of 3) [CRLW-592/2021] in accordance with the Rule 16(2)(a) of the Rajasthan Prisoners Release on Parole Rules, 2021.
As per the reply of the respondents, the petitioner has undergone around 8 years' imprisonment till date. He has satisfactorily availed earlier parole facility without any complaint whatsoever. The application for release on parole was filed on behalf of the petitioner in the month of January, 2021 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 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 Heeralal 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 and direct that convict-petitioner Heera Lal S/o Shri Dalla 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 (Downloaded on 19/02/2022 at 08:16:10 PM) (3 of 3) [CRLW-592/2021] 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 8-Sudhir Asopa/-
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