[2025:RJ-JP:20943-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 412/2025 Dhan Singh @ Sonu Rajput S/o Shri Shiv Singh, R/o Kachhi Mohalla, Kumharon Ke Mandir Ke Same Wali Gali, Police Station Jhalrapatan, Jhalawar (Raj.). (At Present Serving Sentence In Central Jail, Kota ) ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Jhalawar (Raj.). 3. The Superintendent, Central Jail Kota. ----Respondents For Petitioner(s) : Ms. Savita Nathawat, Adv. For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 19/05/2025 The criminal writ petition (parole) has been filed by the petitioner against the order dated 26.09.2024 passed by the District Parole Advisory Committee, by which the application for releasing him on first regular parole has been dismissed. Learned counsel for the petitioner submits that concerned Superintendent of Police has wrongly refused to recommend the case of the petitioner for release on first parole on the ground that he being a convict of POCSO Act is not eligible for release on parole in terms of Rule 16(2) of the Rajasthan Prisoners Release [2025:RJ-JP:20943-DB] (2 of 2) [CRLW-412/2025] on Parole Rules, 2021. He would argue that the conviction under the POCSO Act was recorded against the petitioner vide judgment dated 05.12.2018, therefore his case would be governed by the Rules of 1958 and not by the Rules of 2021. Learned Government Advocate submits that in case the petitioner moves a fresh application for release on first parole, the same would be considered in accordance with law. Taking into consideration the facts and circumstances of the case, the present criminal writ petition filed by the petitioner is disposed of with liberty to the petitioner to move fresh parole application before the District Parole Advisory Committee and the authority concerned is directed to decide the application, if filed by the petitioner, within two weeks from the date of receipt of the application. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J AVINASH/Ritu-53