MAHENDRA SAINI S/O SHRI SIMBHU DAYAL v. THE STATE OF RAJASTHAN
CRLW/849/2025 · 2025-08-06
Bhuwan Goyal, Inderjeet Singh
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 22845 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22845 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:30301-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 849/2025 Mahendra Saini S/o Shri Simbhu Dayal, Aged About 35 Years, R/o Mishra Wali Dhani, Police Station Pragpura,district Kotputli- Bahror (Raj). ( At Present Confined In Open Air- Camp, Alwar , Raj). ----Petitioner Versus
1. The State Of Rajasthan, Through Inspector General Of Prisons, Directorate Prisons, ghatgate, Jaipur. 2. The District Parole Advisory Committee, Through The Dis- trict Magistrate, Kotputli- Bahror (Raj). 3. The Superintendent Central Jail, Alwar (Raj). ----Respondents For Petitioner(s) : Mr. Tekchand Swami Mr. Dilip Meena For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 06/08/2025
1. Accused-petitioner has filed this Criminal Writ Petition (Pa- role) seeking sixth regular parole for a period of 40 days. 2. It is contended by counsel for the petitioner that parole ap- plication of the petitioner was rejected on the ground that the Su- perintendent of Police has given an adverse report against the pe- titioner. It is further contended that the petitioner has remained in custody for a period of more than sixteen years. It is also con- tended that the Probation Office of Social Welfare Department has recommended release of petitioner on parole. His jail conduct is
[2025:RJ-JP:30301-DB] (2 of 3) [CRLW-849/2025] satisfactory and there was no justification in rejecting his parole application. 3. Learned Deputy Government Advocate 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 so- ciety 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 cus- tody for a period of more than sixteen years; thus as per the Ra- jasthan Prisoners on Parole Rules, 1958, he is entitled for sixth regular parole; his jail conduct is satisfactory; no documentary ev- idence in support of adverse police report has been placed on record to deny the prayer for grant of sixth 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 17.06.2025. 6. Criminal Writ Petition (Parole) is accordingly allowed. The or- der/recommendation of the Parole Advisory Committee dated 17.06.2025 qua the present petitioner is quashed. The Jail Author- ities are directed to release the petitioner on sixth regular parole for a period of 40 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, Alwar 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. [2025:RJ-JP:30301-DB] (3 of 3) [CRLW-849/2025]
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 Superin- tendent, Central Jail, Alwar by fax today itself for necessary com- pliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /40