Rajasthan High Court - Jaipur
Shiv Kumar @ Shiv Shankar Son Of Shanti ... vs State Of Rajasthan on 2 August, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 229/2022
Shiv Kumar @ Shiv Shankar Son Of Shanti Dev, Aged About 28
Years, Resident Of Village Inderpur, Police Station Kishani, Distt
Mainpuri Uttar Pradesh ( Presently Confined In Central Jail Sewar
Bharatpur) Through His Younger Brother Subhash Chand Son Of
Shanti Dev, Aged About 22 Years, Resident Of Village Inderpur,
Police Station Kishani, District Mainpuri (Uttar Pradesh).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Government Of Rajasthan Jaipur.
2. District Magistrate, Bharatpur.
3. Superintendent Central Jail, Bharatpur
----Respondents
For Petitioner(s) : Mr. Dheeraj Singhal
For Respondent(s) : Mr. N.S. Gurjar, AGA
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
02/08/2022
1. Petitioner has preferred 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 petitioner earlier filed D.B. Criminal Writ Petition (Parole) No.1461/2021 which was decided by the Co-ordinate Bench of this Court on 18.11.2021 and the Authorities concerned/Parole Committee were directed to decide the petitioner's application for second regular parole for 30 days under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958. It is also contended that (Downloaded on 05/08/2022 at 10:04:02 PM) (2 of 3) [CRLW-229/2022] thereafter, petitioner's application was rejected by the District Parole Advisory Committee, Bharatpur on 21.12.2021 with the reason mentioned therein that petitioner was not working in the Jail Workshop.
3. Learned Assistant Government Advocate appearing on behalf of the State contends that petitioner has not even undergone half part of the sentence including remission and is not entitled to avail the benefits of parole under Rule 16 (1) (B) of the Rajasthan Prisoners (Release on Parole) Rules, 2021.
4. We have considered the contentions and have perused the Annexure-R/1.
5. From perusal of the Annexure-R/1, it is evident that conduct of the petitioner in jail is satisfactory and petitioner has already preferred first regular parole and has surrendered before the Jail Authorities within time prescribed. The reasons mentioned in the reply by the State Counsel was that in the D.B. Criminal Writ Petition No.1461/2021 filed by the petitioner, Division Bench of this Court had directed the Authorities to decide the application under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 and Rajasthan Prisoners (Release on Parole) Rules, 2021 does not apply to the petitioner and the ground on which his application has been rejected cannot be sustained.
6. Considering the above, we deem it proper to allow the Criminal Writ Petition (Parole).
7. Consequently, the Criminal Writ Petition (Parole) stands allowed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of 30 days, on furnishing of his personal bonds of Rs.50,000/- with one surety of like nature to the satisfaction of the Jail Authorities with the stipulation that he (Downloaded on 05/08/2022 at 10:04:02 PM) (3 of 3) [CRLW-229/2022] shall surrender himself before the Jail Authority on expiry of 30 days from the date of release and shall maintain peace and tranquility during parole period.
8. In case of failure to surrender by stipulated date, the Jail Authority shall proceed in accordance with law.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
AMIT KUMAR /8
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