Rajasthan High Court - Jaipur
Balveer S/O Shri Hotilal vs State Of Rajasthan on 3 February, 2022
Bench: Pankaj Bhandari, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 1401/2021
Balveer S/o Shri Hotilal, R/o Badyonwas Mandawar, Police
Station Mandawar, District Dausa (Raj.) (At Present Confined In
Central Jail, Sewar Bharatpur (Raj.)) Through His Broter
Ramkesh S/o Shri Hotilal, Aged About 28 Years, R/o Badyonwas
Mandawar, Police Station Mandawar, District Dausa (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Of
Prisons, Directorate Prisons, Ghatgate, Jaipur.
2. District Parole Advisory Committee, Through The District
Magistrate, Dausa (Raj.)
3. Superintendent Central Jail, Sewar Bharatpur (Raj.)
----Respondents
For Petitioner(s) : Mr. T.C. Swami through VC For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 03/02/2022 This parole petition has been submitted on behalf of the petitioner being aggrieved with the impugned order dated 23.07.2021 passed by the respondents, by which the application for releasing him on parole has been dismissed by referring the provisions contained under Rule 16(B) of the Rajasthan Prisoners Release on Parole Rules, 2021 (for short 'the Rules of 2021').
Learned counsel for the petitioner submits that the petitioner has submitted an application for releasing him on parole on 03.06.2021 and now the respondents have decided his application vide impugned order dated 23.07.2021 by referring the provisions contained under Rule 16-B of the Rules of 2021 which came into (Downloaded on 24/12/2022 at 11:53:13 AM) (2 of 2) [CRLW-1401/2021] force on 30.06.2021 while the parole application was submitted on 03.06.2021 under the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958'). Counsel further submits that his case should have been considered under the Rules of 1958. In support of his contentions, counsel for the petitioner has placed reliance on the order dated 06.12.2021 passed by this Court in D.B. Criminal Writ Petition No. 516/2021 (Dharampal vs. State of Rajasthan and Ors.) wherein a direction has been issued to the respondents to consider and decide the application in pursuance of the provisions contained under the Rules of 1958.
Mr. G.S. Rathore, learned GA-cum-AAG has opposed the averments made in the petition.
Having heard the counsel for the parties, considered the material available on record and keeping in view the fact that the petitioner has submitted an application for releasing him on parole on 03.06.2021 and as per the law laid down by this Court in the case of Dharampal (supra), his application was required to be considered under the old Rules i.e. Rajasthan Prisoners Release on Parole Rules, 1958.
Hence, this parole petition stands allowed. The impugned order dated 23.07.2021 is quashed and set aside qua the present petitioner. The respondents are directed to consider and decide the application filed by the petitioner for releasing him on parole under the Rules of 1958 within a period of four weeks from the date of receipt of a certified copy of this order. (ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J Ritu/56 (Downloaded on 24/12/2022 at 11:53:13 AM) Powered by TCPDF (www.tcpdf.org)