Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2767] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition (Parole) No. 1982/2023 Ravi S/o Shri Gopal, R/o Bada Mohalla, Jatav Basti, Kaman, Police Station Kaman, District Bharatpur (Raj.). (At Present Confined In Central Jail Sewar, Bharatpur) Through His Brother- Bittu S/o Shri Gopal, Aged About 27 Years, R/o Bada Mohalla, Jatav Basti, Kaman, Police Station Kaman, District Bharatpur (Raj.). ----Petitioner Versus
1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.
2. The District Parole Advisory Committee, Through The District Magistrate, Bharatpur.
3. The Superintendent, Central Jail Sewar, Bharatpur (Raj.). ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 20/01/2025
1. This criminal writ petition has been filed by the petitioner- Ravi through his brother-Bittu with the prayer to release the petitioner on first regular parole for a period of 20 days.
2. The District Parole Advisory Committee, Bharatpur in its meeting dated 14.07.2023 has denied the first regular parole of the petitioner on the ground that police report is against the petitioner.
3.
Learned counsel for the petitioner submitted that the petitioner has been convicted and sentenced for a period of 10
[2025:RJ-JP:2767] (2 of 3) [CRLW-1982/2023] years of imprisonment. He further submits that as per the nominal roll of the petitioner maximum sentence awarded to the petitioner is 10 years and he has served sentence of more than 6 years, 9 months and 1 day upto 30.09.2023 and, therefore, he shall be entitled to be released on first regular parole of 20 days. 4. As per the reply filed on behalf of the State, the petitioner has been convicted for the offences punishable under Section 363 IPC and under Section 5/6 of POCSO Act and the maximum sentence awarded to the petitioner is 10 years. As per the nominal roll, the petitioner has served the sentence for a period of 6 years, 9 months and 1 day as on 30.09.2023. The jail conduct of the petitioner is satisfactory. Learned counsel prayed that the present petition be allowed and the petitioner be released on first regular parole of 20 days. 6. On the other hand, learned Public Prosecutor has opposed the petition. 8. Heard learned counsel for the parties and perused the material available on record. 9. Considering the fact that the petitioner has served more than half of the period of sentence awarded to him and this is his first parole of 20 days. As per the settled law, parole to the prisoner cannot be denied on adverse reports of police authorities as well as Social Welfare Department if his jail conduct is satisfactory, therefore, looking to the facts and circumstances of the case, the petition deserves to be allowed. 9. In view of the above, the criminal writ petition (parole) is allowed. The order dated 24.07.2023 passed by the District Parole Advisory Committee, Bharatpur qua the petitioner is quashed and
[2025:RJ-JP:2767] (3 of 3) [CRLW-1982/2023] set aside and the Jail Authorities are directed to release the petitioner on first regular parole for a period of 20 days on furnishing of his personal bond of Rs.50,000/- with one surety of like amount to the satisfaction of the Superintendent, Central Jail, Sewar, Bharatpur with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period. 10.
10. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law. 11. Registrar (Judicial) is directed to send a copy of this order to Central Jail, Sewar at the earliest for necessary compliance. (ASHUTOSH KUMAR),J TANISHA /406