Rajasthan High Court - Jaipur
Hakam S/O Shri Naval vs State Of Rajasthan on 5 August, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 429/2022
Hakam S/o Shri Naval, Aged About 50 Years, R/o Vill. Jhanjhar,
Police Station Sikari, Distt. Bharatpur (Raj.) ( At Present
Confined In Open Air Camp Sanganer, Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Prison
Jaipur.
2. The District Parole Advisory Committee, Through The
District Magistrate, Jaipur.
3. The Superintendent, Central Jail, Jaipur.
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Ms. Rekha Madnani, Addl.G.A HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Judgment / Order 05/08/2022
1. Petitioner has preferred this writ petition (parole) with the prayer for quashing and setting aside the order dated 27.06.2022, whereby parole application for grant of regular parole for forty days (40) was rejected by the Authority.
2. Further prayer is made that the petitioner be directed to release on parole for a period of forty days under Rule 10 of Rajasthan Prisoners Release on Parole Rules, 2021.
3. It is contended by counsel for the petitioner that petitioner has already availed four paroles and has surrendered himself on due date. The authorities have rejected his application on account of conviction under Section 364 of IPC.
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4. Counsel for the petitioner has placed the judgment before the Court passed by Division Bench of this Court D.B. Criminal Appeal No.343/2013 (Smt. Baskar and Anr. Vs. State of Rajasthan), whereby the appeal of the petitioner was partly allowed and his conviction under Sections 364, 364/120-B, 302, 302/120-B, 368 & 368/120-B of IPC was set aside and he was acquitted for these offences. He now has been convicted under Section 302 IPC in alternatively under Sections 302/120B and 201 IPC. Petitioner has remained in custody for a period of about thirteen years and is thus entitled to be released on regular parole.
5. Learned Additional Government Advocate has stated that she was not aware that the D.B. Criminal Appeal filed by the appellant was partly allowed.
6. We have considered the contentions.
7. The rider provided under Rule 16 (2)(b) of Rajasthan Prisoners Release on Parole Rules, 2021, parole will not come as a bar to the release of the petitioner, as petitioner has already been acquitted under Section 364 IPC. Therefore, we deem it proper to allow the writ petition (parole).
8. Consequently, the writ petition (parole) stands allowed. The impugned order dated 27.06.2022 qua the present petitioner is quashed and set aside. The Jail Authorities are directed to release the petitioner on regular parole for a period of forty (40) days, on furnishing his personal bonds of Rs.50,000/- with one surety of like amount to the satisfaction of the concerned Authorities with the stipulation that he shall surrender himself before the Jail Authority on expiry of forty days and shall maintain peace and (Downloaded on 08/08/2022 at 09:53:26 PM) (3 of 3) [CRLW-429/2022] tranquility during parole period.
9. In case of failure to surrender by petitioner on stipulated date, the Jail Authority shall proceed in accordance with law.
10. A copy of this order be sent to the Jail Authorities as well as to the petitioner through Jail Authority for compliance.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
ARTI SHARMA /12
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