Rajasthan High Court - Jodhpur
Harish Kumar Alias Hariya vs State Of Rajasthan on 5 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:10956]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 3529/2025
Harish Kumar Alias Hariya S/o Shri Chhagana Ram, Aged About
34 Years, At Present Lodged In Central Jail Jodhpur Through His
Cousin Brother Mohan Lal S/o Dharu Ji Aged About 45 Years R/o
156 Jain Raniwada Khurd P S Raniwara District Jalore
----Petitioner
Versus
1. State Of Rajasthan, Dept Of Home Rajasthan Jaipur
2. The District Collector, Jalore
3. The Superintendent, Central Jail Jodhpur
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. Deepak Choudhary, AAG, with Mr.
Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 05/03/2026
1. The present writ petition has been filed by the petitioner- convict seeking grant of regular parole for a period of seven days under the Rajasthan Prisoners (Release on Parole) Rules, 1958 and assailing the decision of the District Parole Advisory Committee whereby his application for parole came to be rejected.
2. The petitioner stands convicted in Sessions Case No.65/2016 by judgment dated 21.12.2017 passed by the learned Sessions Judge, Jalore for offences punishable under Sections 323, 354, 363 and 376/511 of the Indian Penal Code as well as Section 5(f)/ 6 of the Protection of Children from Sexual Offences Act and has been sentenced to undergo ten years' rigorous imprisonment (Uploaded on 07/03/2026 at 02:01:31 PM) (Downloaded on 09/03/2026 at 04:44:30 PM) [2026:RJ-JD:10956] (2 of 4) [CRLW-3529/2025] along with fine. The criminal appeal preferred by the petitioner against the judgment of conviction and sentence, being S.B. Criminal Appeal No.184/2018, is stated to be pending consideration before this Court.
3. The record placed before the Court indicates that the petitioner has already undergone a substantial portion of the sentence. As per the nominal roll placed on record, the petitioner has undergone more than seven years of custody including remission.
4. The petitioner had earlier been released on parole on two occasions. The first parole was granted for twenty days from 04.02.2019 to 23.02.2019. Thereafter, the petitioner was again released on second parole for thirty days from 24.07.2020 to 22.08.2020. It is not in dispute that during the second parole, the petitioner did not surrender within the stipulated time and remained absconding for a certain period whereafter he was apprehended and readmitted to custody.
5. The District Parole Advisory Committee considered the petitioner's request for grant of regular parole in its meeting held on 07.08.2025 and upon deliberation rejected the application. The decision of the Committee was subsequently recorded in the minutes/order dated 08.08.2025.
6. The principal reasons assigned for rejection were the petitioner's earlier abscondence while on parole and the apprehension expressed in the police report that the petitioner (Uploaded on 07/03/2026 at 02:01:31 PM) (Downloaded on 09/03/2026 at 04:44:30 PM) [2026:RJ-JD:10956] (3 of 4) [CRLW-3529/2025] and the prosecutrix belong to the same village and therefore the possibility of an unpleasant incident cannot be ruled out.
7. Having considered the material placed on record, this Court is of the opinion that although the earlier conduct of the petitioner in not surrendering within time after availing parole is certainly a relevant factor, the same cannot operate as an absolute and perpetual bar for consideration of parole once the prisoner has been apprehended and continues to undergo the sentence.
8. The object of grant of parole is not merely to provide temporary release but also to enable a prisoner to maintain social ties and to facilitate his gradual reintegration into society. Once the petitioner has already undergone a substantial portion of the sentence and his conduct in jail is reported to be satisfactory, denial of even a short period of parole would defeat the reformative purpose underlying the parole rules.
9. The Court also notices that though the police report expressed apprehension regarding possible tension between the parties, the report of the Social Welfare Officer does not indicate that the release of the petitioner would create any serious law and order problem. Thus, the material placed before the Court does not reveal any definite or imminent threat to public order.
10. The issue relating to grant of parole to a prisoner who had earlier absconded while on parole has also been considered by a Division Bench of this Court in Deva v. State of Rajasthan (D.B. Criminal Writ Petition No.179/2020), wherein the Court observed that even in such circumstances an opportunity may be extended (Uploaded on 07/03/2026 at 02:01:31 PM) (Downloaded on 09/03/2026 at 04:44:30 PM) [2026:RJ-JD:10956] (4 of 4) [CRLW-3529/2025] to the prisoner so as to enable him to reintegrate into society, subject to appropriate safeguards.
11. In view of the overall facts and circumstances of the case, particularly the substantial period of custody already undergone by the petitioner, the satisfactory conduct reported in jail and the reformative objective underlying the parole system, this Court is of the opinion that the petitioner deserves to be granted one opportunity of regular parole, subject to strict conditions.
12. Consequently, the writ petition is allowed. The petitioner- convict Harish Kumar @ Hariya S/o Shri Chhagana Ram shall be released on regular parole for a period of seven days from the date of his actual release, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two solvent sureties of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail concerned.
13. The Superintendent, Central Jail shall be at liberty to impose appropriate and reasonable conditions to ensure that the petitioner maintains peace and good behaviour during the period of parole and surrenders back to the jail authorities immediately upon expiry of the parole period.
(FARJAND ALI),J 87-Pramod/-
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