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2025 DAILYLAW 17833 (RAJ)

RANJEET S/O SHRI CHOUTHMAL v. STATE OF RAJASTHAN

CRLW/552/2025 · 2025-07-03

Bhuwan Goyal, Narendra Singh Dhaddha

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Judgment text

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[2025:RJ-JP:24357-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 552/2025 Ranjeet S/o Shri Chouthmal, Aged About 35 Years, R/o Harijan Basti, Vighyan Nagar, Police Station Vighyan Nagar, District Kota (Raj.) (At Present Confined In Central Jail, Kota) Through His Wife - Smt. Mamta W/o Shri Ranjeet, Aged About 34 Years R/o Harijan Basti, Vighyan Nagar, Police Station Vighyan Nagar, District Kota (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Kota (Raj.) 3. The Superintendent, Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat, Adv. For Respondent(s) : Mr. Sudesh Saini, Addl. G. A. Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 03/07/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking second regular parole for a period of 30 days. 2. It is contended by counsel for the petitioner that parole application of the petitioner has been rejected on the ground that the Superintendent of Police, District-Kota has given an adverse report against the petitioner for the reason that in the event the petitioner is released on parole, probability of his absconding during parole period cannot be ruled out. It is further contended [2025:RJ-JP:24357-DB] (2 of 3) [CRLW-552/2025] that the petitioner has remained in custody for a period of more than thirteen years. It is also contended by learned counsel for the petitioner that the petitioner has availed 1st regular parole for 20 days and he surrendered in time after expiry of said parole period. As per the report of the Superintendent, Central Jail, Kota, his jail conduct is satisfactory from 12.04.2018. Thus, there is no justification in rejecting the petitioner’s second parole application. 4. Learned Additional Government Advocate has opposed the writ petition. It is contended that Superintendent of Police, Kota has given an adverse report against the petitioner. 5. We have considered the contentions advanced by counsel for the parties and perused the material came on record. 6. Considering the fact that the petitioner has remained in custody for a period of more than thirteen years; the petitioner earlier availed 1st regular parole for 20 days and he himself surrendered in time before the jail authorities; and there is nothing on record which could substantiate the rejection of petitioner's second parole application, we deem it proper to allow the present writ petition (parole), set aside the order/recommendations dated 28.03.2025 qua the petitioner and release the petitioner on second regular parole of 30 days in accordance with the Rajasthan Prisoners Release on Parole Rules, 1958. 7. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 28.03.2025 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular [2025:RJ-JP:24357-DB] (3 of 3) [CRLW-552/2025] parole for a period of 30 days on his furnishing a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Kota with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of the parole period and shall maintain peace and tranquility during the parole period. The 30 days’ parole period shall be counted from the date of the petitioner’s release. 8. In case of his failure to surrender by stipulated date/time, the Jail Authorities shall be free to proceed against the petitioner in accordance with law. 9. Office is directed to send a copy of this order to the Superintendent, Central Jail, Kota by fax today itself for necessary compliance. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Tahir/Avinash/36