RAJU ALAIS RAJU SABJIWALA S/O RAMLAL v. STATE OF RAJASTHAN
CRLW/777/2025 · 2025-08-07
Bhuwan Goyal, Inderjeet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21796 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21796 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:30568-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 777/2025 Raju @ Raju Sabjiwala S/o Ramlal, R/o Behind Satyanarayan Mandir, Retwali, Kota, Police Station Kaithunipole, District Kota (Raj.) (At Present Confined In Central Jail Kota). ----Petitioner Versus
1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.
2. The State Parole Committee, Through Joint Secretary, Department Of Home, Jaipur.
3. The Superintendent, Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Shiv Shanker Choudhary Mr. Balu Ram Choudhary For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 07/08/2025
1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking second regular parole for a period of 20 days.
2. It is contended by counsel for the petitioner that parole application of the petitioner was rejected on the ground that the Superintendent of Police has given an adverse report against the petitioner. It is further contended that the petitioner has remained in custody for a period of more than nine years. It is also contended that the Probation Officer of Social Welfare Department has recommended release of petitioner on parole. His jail conduct
[2025:RJ-JP:30568-DB] (2 of 3) [CRLW-777/2025] is satisfactory and there was no justification in rejecting his parole application.
3. Learned GA-cum-AAG has opposed the writ petition. It is contended that Superintendent of Police has reported that the case in which the petitioner is undergoing sentence is of serious nature and if he is released on parole, it may affect the society as well as the complainant also.
4. We have considered the contentions advanced by counsel for the parties and perused the material came on record.
5. Considering the fact that the petitioner has remained in custody for a period of more than nine years; thus as per the Rajasthan Prisoners on Parole Rules, 1958, he is entitled for second regular parole; his jail conduct is satisfactory; no documentary evidence in support of adverse police report has been placed on record to deny the prayer for grant of second regular parole, hence in these facts and circumstances as well as the material before us, we deem it proper to allow the present writ petition (parole) and set aside the order/recommendations dated
05.02.2025.
6. Criminal Writ Petition (Parole) is accordingly allowed. The
order/recommendation of the Parole Advisory Committee dated 05.02.2025 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of 20 days on furnishing of his 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
[2025:RJ-JP:30568-DB] (3 of 3) [CRLW-777/2025] the parole period and shall maintain peace and tranquility during the parole period.
7. In case of his failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law.
8. 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 (INDERJEET SINGH),J PAYAL DHAWAN /70