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2025 DAILYLAW 32787 (RAJ)

MANOJ KUMAR S/O SHRI RAJKUMAR SHARMA v. STATE OF RAJASTHAN

CRLW/2048/2024 · 2025-01-08

Pankaj Bhandari, Shubha Mehta

body2025

Judgment text

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[2025:RJ-JP:1038-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 2048/2024 Manoj Kumar S/o Shri Rajkumar Sharma, Aged About 31 Years, R/o Pattharmandi, Nanta, Kunhadi, District Kota City (Raj.) (At Present Serving Sentence In Central Jail Kota). ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prision, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Kota (Raj.). 3. The Superintendent, Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For State : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG & Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 08/01/2025 1. Petitioner has preferred this writ petition (parole) seeking first regular parole for a period of 20 days and for quashing the order dated 07.10.2024 qua the petitioner. 2. It is contended by counsel for the petitioner that petitioner has remained in custody for a period of seven years nine months. The report of the Social Welfare Department as well as the jail report is in favour of the petitioner. His parole application has been rejected on the ground that he may be a threat to the victim party. 3. Learned GA-cum-AAG has opposed the writ petition. [2025:RJ-JP:1038-DB] (2 of 2) [CRLW-2048/2024] 4. We have considered the contentions. 5. Petitioner has already remained in custody for a period of seven years nine months; his conduct in jail has been satisfactory and the Social Welfare Department has also recommended the release of the petitioner on parole. Merely because Police apprehends that there may be disharmony cannot be a ground for denying parole to the petitioner. Consequently, we deem it proper to allow the present writ petition (parole) and quash the order dated 07.10.2024 qua the petitioner. 6. Criminal Writ Petition (Parole) is accordingly, allowed. The order of recommendation of the Parole Advisory Committee dated 07.10.2024 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, Kota 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. 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 MAHIMA/49