Rajasthan High Court - Jodhpur
Hadmant Singh @ Hadmata vs State Of Rajasthan on 22 July, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 264/2022
Hadmant Singh @ Hadmata S/o Sh. Sawa Ji, Aged About 42
Years, At Present Lodged In Central Jail, Jodhpur Through His
Brother Dinesh Singh S/o Sawa Ji, Aged About 37 Years, R/o
Ajodar, Raniwara, P.s. Raniwara, Dist. Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home, Jaipur.
2. The District Collector, Jodhpur.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. K.R. Bhati.
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 22/07/2022 Heard. Perused the material available on record. The convict-petitioner Hadmat Singh @ Hadmata has approached this court through this writ petition seeking to assail the adverse recommendation drawn by the District Level Parole Advisory Committee, Jodhpur in its meeting held on 30.05.2022 whereby, the application for grant of fifth regular parole of 40 days submitted on behalf of the petitioner was rejected for the reason that the petitioner has been convicted for the prohibited offence punishable under Section 460 IPC and hence, as per Rajasthan Prisoners Release on Parole Rules, 2021, he is not entitled to be released on parole.
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We have give our thoughtful consideration to the
submissions advanced at bare and, have gone through the material available on record.
There is no denial that the petitioner has availed four earlier parole facilities which were granted to him under the Rajasthan Prisoners Release on Parole Rules, 1958 satisfactorily and without any complaint being made in this regard. The denial of fifth parole was made for the sole reason that the petitioner has been convicted for the offence under Section 460 IPC which is a prohibited category offence under the Rules of 2021. However, a perusal of the record also reveals that the petitioner was sentenced to 10 years R.I. for the offence punishable under Section 460 IPC. As per the nominal roll/ custody details as stated in the reply, the petitioner has suffered 15 years 7 months and 29 days imprisonment including remission of 3 years 19 days and his actual custody period is nearly 11 years.
In this background, it is apparent that the petitioner has already served the total imprisonment for the offence under Section 460 IPC and hence, there is no impediment for releasing him on parole even with reference to the Rules of 2021.Thus, we are inclined to grant him concession of fifth regular parole.
Accordingly, we hereby accept the instant writ petition; set aside the impugned recommendation dated 30.05.2022 qua the petitioner and direct that the convict-petitioner Hadmant Singh @ Hadmata S/o Sh. Sawa Ji shall be released on fifth regular parole of forty days upon his furnishing a personal bond in the sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of Superintendent Central Jail, (Downloaded on 22/07/2022 at 09:09:21 PM) (3 of 3) [CRLW-264/2022] Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his release on parole.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
16-Tikam/-
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