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2025 DAILYLAW 30282 (RAJ)

KRISHAN S/O SHRI HEERALAL v. STATE OF RAJASTHAN

CRLW/1857/2024 · 2025-01-06

Pankaj Bhandari, Shubha Mehta

body2025

Judgment text

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[2025:RJ-JP:527-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 1857/2024 Krishan S/o Shri Heeralal, R/o Bhoodawali Ward No 3 Khairthal Police Station Khairthal District Khairthal Tijara (Raj.) At Present Central Jail Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through Superintendent Of Central Jail, Alwar. 2. District Magistrate Cum Collector, Alwar (Raj.) ----Respondents For Petitioner(s) : Ms. Pragya Pandey, Adv. For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 06/01/2025 1. Petitioner has preferred this writ petition (parole) seeking first regular parole for a period of 20 days. 2. It is contended by counsel for the petitioner that petitioner has remained in custody for a period of six and a half years. It is contended that petitioner’s daughter is staying at aashram in Alwar and his wife has left her matrimonial home alongwith son. It is contended that only petitioner’s old mother is at home and petitioner wants to meet and take care of his old mother. It is contended that Social Welfare Committee has given report in favour of the petitioner and the only reason for rejection of the application was that release of petitioner on parole would have adverse effect on his family. [2025:RJ-JP:527-DB] (2 of 2) [CRLW-1857/2024] 3. Learned GA-cum-AAG has opposed the writ petition. 4. We have considered the contentions. 5. Considering the fact that petitioner’s wife, son and daughter are not residing with his mother and petitioner’s mother is old; petitioner has all the right to go on parole and look after his mother; Social Welfare Committee has also recommended the release of the petitioner on parole, we deem it proper to allow the present writ petition (parole) and set aside the order dated 13.04.2024 qua the petitioner. 6. Criminal Writ Petition (Parole) is accordingly, allowed. The order of recommendation of the Parole Advisory Committee dated 13.04.2024 qua the petitioner is quashed. The Jail Authorities are directed to release the petitioner on first regular parole for a period of 20 days on furnishing of his personal bonds 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 parole period and shall maintain peace and tranquility during parole period and subject to the condition that petitioner would not meet his daughter while on parole. 7. In case of failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with Law. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J CHANDAN /19