[2025:RJ-JP:35545-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 1028/2025 Sarwan Kumar S/o Sh. Mohan Ram, Aged About 36 Years, R/o Ward No. 42, Mandrela Bypass Road, Jhunjhunu, Police Station Kotwali Jhunjhunu, District Jhunjhunu (Raj.). (At Present Confined In Central Jail Bikaner) Through His Brother - Mahender S/o Mohan Ram, Age About 34 Years, Residence Of Ward No. 42, Mandrela Bypass Road, Jhunjhunu, Police Station Kotwali Jhunjhunu, District Jhunjhunu (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Jhunjhunu. 3. The Superintendent, Central Jail, Bikaner. ----Respondents For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Manvendra Singh Shekhawat, Deputy G.A. with Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 04/09/2025 1. This Criminal Writ Petition (Parole) has been filed by the accused-petitioner with the prayer to be released on second regular parole for a period of thirty days. 2. It is contended by counsel for the accused-petitioner that parole application of the accused-petitioner was rejected on the ground that the Superintendent of Police, Jhunjhunu as well as the [2025:RJ-JP:35545-DB] (2 of 3) [CRLW-1028/2025] Probation Officer, Jhunjhunu has given an adverse report against the accused-petitioner. It is further contended by counsel for the accused-petitioner that the accused-petitioner was released on first regular parole and after availing the aforesaid parole, he surrendered himself before concerned jail authorities within stipulated time and has not misused the liberty of parole granted to him by this Court. It is further contended that the accused- petitioner has remained in custody for a period of more than nine and a half years. His jail conduct as per the report of the Superintendent, Central Jail, Bikaner is satisfactory and rejection of his parole application by the District Parole Advisory Committee is without application of mind. 3. Learned Deputy Government Advocate has vehemently opposed the present criminal writ petition (parole) and it is contended that the competent authority has rightly rejected the application filed by the accused-petitioner for grant of second regular parole. 4. We have considered the contentions advanced by counsel for the parties and perused the material on record. 5. Considering the facts and circumstances of the present case, in our view the accused-petitioner is entitled to be released on second regular parole for a period of thirty days under Rule 9 of the Rules of 1958 for the reasons that he has remained in custody for a period of more than nine and a half years, he surrendered himself before the concerned authority within time after availing first regular parole and no documentary evidence in support of adverse report has been placed on record to deny the prayer for grant of second regular parole of 30 days to the accused- [2025:RJ-JP:35545-DB] (3 of 3) [CRLW-1028/2025] petitioner. Hence, in these facts and circumstances as well as the material available before us, we deem it just and proper to allow the present writ petition (parole) and set aside the order/recommendations dated 31.01.2025 qua the present accused-petitioner. 6. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 31.01.2025 qua the present accused-petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of thirty days on furnishing of his personal bond in the sum of Rs.50,000/- with two sureties of like amount each to the satisfaction of the Superintendent, Central Jail, Bikaner 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. 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, Bikaner by fax today itself for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J Sudeepak/49