[2025:RJ-JP:4041-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 2037/2024 Tipu Alias Tipu Sultan Alias Abid Ali S/o Akhil Mohammed, Aged About 30 Years, R/o Near Bus Stand Aligarh, Police Station Aligarh, District Tonk (Raj.) At Present R/o Near Ayyappa Mandir Chhatarpura Talab, Police Station Vigyan Nagar, District Kota (Raj.) At Present R/o Govind Nagar, Police Station Udyog Nagar, District Kota City (Raj.) (At Present In Central Jail, Kota) Through His Mother Shahida Bano W/o Akhil Mohammed, Aged About 55 Years, R/o Govind Nagar Behind Of Subhash School Gali No. 6, Police Station Udyog Nagar, District Kota (Raj.) 324004. ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.) 2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Kota. 3. Superintendent Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Rajesh Chaudhary, GA-cum-AAG Mr. Aman Kumar AAAG HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 29/01/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking first regular parole for a period of 7 days under Rule 18 of the Parole Rules, 1958. 2. It is contended by counsel for the petitioner that parole application of the petitioner was rejected on the ground that [2025:RJ-JP:4041-DB] (2 of 3) [CRLW-2037/2024] the Superintendent of Police has given an adverse report against the petitioner. It is further contended that the petitioner has remained in custody for a period of more than twelve years. His jail conduct as per the report of the Superintendent, Central Jail, Kota is satisfactory and there was no justification in rejecting his parole application. 3. Learned Government Advocate-cum-Additional Advocate General has opposed the writ petition. It is contended that the petitioner was earlier absconded after he was released on first regular parole of 20 days. The Superintendent of Police has also reported that the case in which the petitioner is undergoing sentence being serious in nature, it might affect the society as well as the complainant also, if the petitioner is released on parole. 4. In counter to the above, counsel for the accused-petitioner further submitted that the report of the Social Welfare Department is in favour of the accused-petitioner. 5. We have considered the contentions advanced by counsel for the parties and perused the material on record. 6. Considering the fact that the petitioner has remained in custody for a period of more than twelve years and the Probation Officer has recommended for release of the petitioner on parole; thus as per the Rajasthan Prisoners Release on Parole Rules, 1958, he is entitled for parole; his jail conduct is satisfactory; no documentary evidence in support of adverse police report has been placed on record to deny prayer for grant of parole, hence, in these facts and circumstances as well as the material placed before us, we [2025:RJ-JP:4041-DB] (3 of 3) [CRLW-2037/2024] deem it proper to allow the present writ petition (parole) and set aside the order/recommendations dated 25.09.2024/ 07.10.2024 qua the petitioner. 7. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the District Parole Advisory Committee, Kota dated 25.09.2024/ 07.10.2024. qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on first regular parole for a period of 7 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, Kota 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. 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 (NARENDRA SINGH DHADDHA),J INDER /53