Rajasthan High Court - Jodhpur
Kishan Singh vs State on 21 April, 2022
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 99/2022
Kishan Singh S/o Sh. Babu Singh @ Ishwar Singh, Aged About
30 Years, R/o Torna, Abu Parvat, P.s. Abu Parvat, Dist. Sirohi,
Rajasthan. At Present Lodged In Central Jail, Jodhpur, Rajasthan.
Through His Brother Sohan Singh S/o Sh. Babu Singh @ Ishwar
Singh, Aged About 24 Years, R/o Torna, Abu Parvat, P.s. Abu
Parvat, Dist. Sirohi, Rajasthan.
----Petitioner
Versus
1. State, Dept. Of Home, Jaipur.
2. The District Collector, Sirohi, Rajasthan.
3. The Superintendent, Central Jail, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Anil Joshi, A.A.G.
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 21/04/2022 This parole petition is filed by the petitioner for releasing him on parole. The second regular parole of the petitioner for a period of 30 days was rejected by the District Parole Committee, Sirohi on the ground that he has not served half of the sentence and, therefore, as per the provisions of the Rajasthan Prisoners Release on Parole Rules, 2021, the petitioner is not entitled to grant benefit of second regular parole of 30 days.
Learned counsel for the petitioner has submitted that the petitioner has applied for releasing him on second regular parole (Downloaded on 21/04/2022 at 08:28:13 PM) (2 of 3) [CRLW-99/2022] on 22.06.2021 and on that date, the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958') were in force, therefore, the application of the petitioner for releasing him on second regular parole was liable to be considered under those Rules only. It is further submitted that under the Rules of 1958, there is no embargo of not granting benefit of parole until and unless the convict has served out half of the sentence.
Learned counsel for the petitioner has, therefore, submitted that this parole petition may be allowed and the decision of the District Parole Committee, Sirohi rejecting the application of the petitioner for releasing him on second regular parole be set-aside.
Heard learned counsel for the parties.
It is not in dispute that the petitioner has filed application for releasing him on second regular parole on 22.06.2021 and at that time, the Rules of 1958 were in force and the Rajasthan Prisoners Release on Parole Rules, 2021 came into force on 30.06.2021.
Thus, we are of the opinion that the application of the petitioner for releasing him on second parole was required to be considered and decided in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958.
In such circumstances, this parole petition is allowed and the decision of the District Parole Committee, Sirohi of not granting benefit to the petitioner of the second regular parole is set-aside. The petitioner shall be released on parole for a period of 30 days (from the date of his actual release) subject to the condition of furnishing a personal bond of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur, on usual terms and conditions. (Downloaded on 21/04/2022 at 08:28:13 PM)
(3 of 3) [CRLW-99/2022] The petitioner is directed to surrender before the concerned Jail Authorities on the expiry of parole period.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
25-KshamaD/-
(Downloaded on 21/04/2022 at 08:28:13 PM)
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