[2025:RJ-JP:33634-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 1035/2025 Om Prakash S/o Sh. Janki Lal, Aged About 25 Years, R/o Kheruna, Police Station Bhanwargarh, Baran (Raj.). (At Present Confined In Central Jail Kota) Through His Sister - Aarti Bai D/o Janki Lal, Age About 19 Years, Residence Of Kheruna, Police Station Bhanwargarh, Baran (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Baran. 3. The Superintendent, Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 25/08/2025 1. This Criminal Writ Petition (Parole) has been filed by the convict-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 convict-petitioner that the convict-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. He has remained in custody for a period of more than eight years. [2025:RJ-JP:33634-DB] (2 of 4) [CRLW-1035/2025] Counsel further submits that social welfare officer has recommended case of convict-petitioner for release on parole. There is no justification in rejecting his parole application. 3. Learned Government Advocate-cum-Additional Advocate General 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 convict-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. Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 reads as under: “9. Parole period - A prisoner, who has completed with remission, if any, 2 [one-fourth] of his sentence and subject to good conduct in the Jail, may be released on 1st parole for 20 days including days of journey to home and back. and for 30 days on 2nd parole provided his behaviour has been good during the 1st parole and for 40 days on third parole provided his behaviour has been good during the second parole. If during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the [State Committee] for permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned; the chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In cases the permanent release on parole is rejected the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining period of his sentence. 1 [Provided the cases of prisoners who have been sentenced to imprisonment for life, for an offence for which death penalty is one of the punishments provided [2025:RJ-JP:33634-DB] (3 of 4) [CRLW-1035/2025] by law or who have been sentenced to death but this sentence has been commuted under section 433 of Code of Criminal Procedure into one of life imprisonment shall not be placed before the State Committee for permanent release on parole unless he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial. Such prisoners may be released on parole for 40 days every year for the remaining period of their sentence subject to the conditions stated above.] “ 6. Considering the fact that the convict-petitioner has remained in custody for a period of more than eight years, he surrendered before the concerned authority within time after availing first regular parole, social welfare officer has also recommended case of the convict-petitioner for release on second parole and the basis of report of Jail Superintendent concerned for denying second regular parole to the convict-petitioner cannot be a ground to deny him parole. 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 13.05.2025 qua the present convict-petitioner. 7. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 13.05.2025 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 Kota with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of the [2025:RJ-JP:33634-DB] (4 of 4) [CRLW-1035/2025] parole period and shall maintain peace and tranquility during the parole period. 8. In case of his failure to surrender by stipulated date, the Jail Authorities shall proceed 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 (INDERJEET SINGH),J Sudeepak/97