Rajasthan High Court - Jaipur
Gajanand @ Gajja Son Of Kalyan vs State Of Rajasthan on 23 September, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 466/2022
Gajanand @ Gajja Son Of Kalyan, R/o Vill. Aakodiya, P.S.
Bamanwas, Distt. Sawai Madhopur (Presently Confined In
Special Central Jail Shyalawas, Dausa) Through His Cousin
Brother Ganga Sahay Son Of Ram Sahay @ Ramsi, Resident Of
Jogiyo Ki Dhani, Vill. Girdharpura, Tehsil Baswa, Bandikui, Distt.
Dausa (Raj.).
Accused-Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home, Government Of Rajasthan, Jaipur.
2. District Magistrate, Sawai Madhopur.
3. Superintendent, Special Central Jail Shyalawaas, Dausa.
----Respondents
For Petitioner(s) : Mr. Dheeraj Singhal
For State : Mr. N.S. Gurjar, Assistant Govt. Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
23/09/2022
1. This Criminal Writ Petition (Parole) has been filed by the petitioner seeking second regular parole for 7 days.
2. It is mentioned in the petition that petitioner has remained in custody for a period of about 17 years. He was released on first regular parole in August, 2015 but he did not surrender within due time and surrendered after a lapse of 8 months and 11 days.
3. It is contended by counsel for the petitioner that since, thereafter, petitioner has not availed any parole. His conduct in jail is satisfactory. The only reason assigned for rejecting the parole application of the petitioner is that he had jumped parole and has not surrendered before the specified time.
4. We have considered the contentions.
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(2 of 2) [CRLW-466/2022]
5. As per Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958, if prisoners have over stayed the sanctioned parole period, then they are entitled to be released on parole only for 7 days.
6. Taking note of the fact that petitioner has remained in custody for a period of about 17 years; his conduct in jail is satisfactory, we, therefore, deem it proper to allow the present Criminal Writ Petition (Parole) for a period of only 7 days.
7. Consequently, the Criminal Writ Petition (Parole) stands allowed. The recommendation of the District Parole Advisory Committee dated 17.08.2020 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of 7 days, on furnishing of his personal bonds of Rs.50,000/- with one surety of like amount to the satisfaction of the District Magistrate, Sawai Madhopur (Raj.), with the stipulation that he shall surrender himself before the Jail Authority on expiry of 7 days and shall maintain peace and tranquility during parole period.
8. The Authorities concerned are directed to release the petitioner on second regular parole for a period of 7 days. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
AMIT/11
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