Rajasthan High Court - Jaipur
Ajay Ghosh S/O Dhanajay Ghosh vs State Of Rajasthan on 1 February, 2022
Bench: Pankaj Bhandari, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 1671/2021
Ajay Ghosh S/o Dhananjay Ghosh, R/o Vill. Aaouswli Post West
Tajpur PS Chanditla Dist. Hugli West Bengal (Confined At Special
Central Jail, Dausa) Presently Resides In The Rented House No.
3866 Kundigar Bhero Kii Rasta Nai Ki Gali Johari Bazar PS Manak
Chowk Dist. Jaipur (Raj). But Later On Transfer To Open Air
Camp Jaipur And Now Presently Confined At Open Air Camp
Jaipur
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Home Govt. Of Raj. Jaipur
2. Dist. Magistrate, Jaipur
3. Superintendent, Central Jail Jaipur
4. Jailor (In-Charge) Open Air Camp, Jaipur
----Respondents
For Petitioner(s) : Mr. Dheeraj Singhal, Adv., through VC For Respondent(s) : Mr. Javed Choudhary, AGA HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 01/02/2022 This parole petition, under Article 226 of the constitution of India, has been filed, challenging the impugned order dated 11.08.2021 passed by the District Collector, Jaipur whereby the petitioner has been denied second regular parole on the ground that he is not eligible to get second regular parole as per the Rajasthan Prisoners Release on Parole Rule, 2021 (hereinafter referred to as 'Parole Rule, 2021'). It has been submitted in the petition that the petitioner was convicted for the offence under (Downloaded on 24/12/2022 at 11:37:21 AM) (2 of 4) [CRLW-1671/2021] Section 302 of IPC by the learned Additional District and Sessions Judge No.2, Jaipur Metropolitan in Sessions Case No.124/2012 and he was sentenced to undergo life imprisonment. It has been further submitted that the petitioner has served almost 10 years of sentence and at present he is undergoing his sentence in Open Air Camp, Sanganer, Jaipur. It has also submitted that the petitioner has already availed the first regular parole of 20 days and on completion of the said period, he surrendered before the concern authorities. On completion of 10 years of sentence after aiding the remission period, he applied for second regular parole of 30 days before the committee but the Advisory Committee has rejected his application by referring the Parole Rule of 2021 by holding that he is not eligible to get second regular parole of 30 days as he has not completed the sentence as required under Rule 10 of Parole Rule of 2021.
Lastly, it has been submitted that the impugned order passed by the authorities, it per-se illegal as the petitioner has completed sentence of more than 10 years after aiding the period of remission.
In the reply, it is submitted that at present, the petitioner is undergoing sentence in Open Air Camp at Sanganer, Jaipur and as per the Nominal Roll, the petitioner has consumed total period of sentence of 10 years 11 months and 25 days and his conduct is satisfactory in jail and he has already consumed the first regular parole of 20 days from 05.11.2018 to 24.11. 2018 and surrendered before the jail authorities within the time prescribed. It has been submitted that under the new Parole Rule of 2021, the petitioner is not entitled to be released on regular parole of 30 (Downloaded on 24/12/2022 at 11:37:21 AM) (3 of 4) [CRLW-1671/2021] days hence, his application was rightly rejected by the District Magistrate, Jaipur vide impugned order dated 11.08.2021.
Heard and perused the documents available on record. It is not in dispute that the petitioner has already consumed total sentence of 10 years 11 months and 25 days as per the Nominal Roll prepared on 05.01.2022 and as per the reply submitted by the State, conduct of the petitioner was satisfactory. The reply submitted by the State also indicates that the benefit of first regular parole was given to the petitioner for 20 days from 05.11.2018 to 24.11.2018 and after completion of the said period, the petitioner surrendered before the jail authorities within the time prescribed.
Since, the petitioner has already completed sentence of more than 10 years hence he is entitled to get second regular parole as per Rule 10 of Parole Rule of 2021. So, we deem it just and proper to allow the present petition and set aside the impugned order dated 11.08.2021 passed by the District Collector and District Magistrate, Jaipur.
Accordingly, the writ petition succeeds and is hereby allowed and the impugned order dated 11.08.2021 qua the petitioner stands quashed and set aside and the concerned authorities are directed to release the convict-petitioner on second regular parole subject to furnish his personal bond of Rs. 50,000/- before the concern District Magistrate. The petitioner is also directed to furnish two sureties of Rs. 25,000/- each within two weeks to the satisfaction of the concern District Magistrate with the stipulation that in case during this period of parole, the petitioner commits any undesirable activity, he can be called upon to surrender his remaining sentence and at the same time, he shall maintain peace (Downloaded on 24/12/2022 at 11:37:21 AM) (4 of 4) [CRLW-1671/2021] and tranquility and will abide by any other conditions imposed by the authorities.
(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J
PRAVESH KUMAR MISHRA /17
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