IMRAN @ DHAGA S/O ABDUL RASHID v. STATE OF RAJASTHAN
CRLW/2079/2024 · 2025-01-07
Pankaj Bhandari, Shubha Mehta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33181 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33181 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:774-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 2079/2024 Imran @ Dhaga S/o Abdul Rashid, Aged About 34 Years, R/o Jhalawar, Police Station Kotwali Jhalawar, District Jhalawar (Raj.) (At Present Serving His Sentence In Central Jail, Kota) Through His Younger Brother Sonu S/o Abdul Rashid, Aged About 22 Years, R/o Peer Khana Mohalla, Eidgah Road, Jhalawar, Police Station Jhalawar, District Jhalawar (Raj.) 326001. ----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.)
2. The District Magistrate, Jhalawar (Raj.)
3. Superintendent Central Jail, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Vishram Prajapati, Adv. For Respondent(s) : Mr. Gaurav Gupta, Asst. GA HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 07/01
/2025
1. Petitioner through his younger brother 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 more than eight years. His first regular parole application was rejected by the District Parole Advisory Committee vide order dated 26.09.2024. It is contended that report of the Social Welfare Department is in favour of the petitioner and the Jail Authorities have also submitted favourable report of the petitioner. It is contended that there was no report from the Superintendent of Police, still the Committee has rejected the application. Prayer is made that the impugned order dated 26.09.2024 qua the petitioner be quashed and petitioner be released on first regular parole. [2025:RJ-JP:774-DB] (2 of 2) [CRLW-2079/2024]
3. Learned Asst. GA has opposed the writ petition. It is contended that the report of the Superintendent of Police is dated 07.10.2024 i.e. after passing of the impugned order, wherein Superintendent of Police has mentioned that if the petitioner is released on parole, it will have adverse effect on the peace and tranquility. 4. We have considered the contentions. 5. Petitioner has already remained in custody for a period of more than eight years; his jail conduct has been satisfactory and the Social Welfare Department has also recommended the release of the petitioner on parole; there was no material before the Committee to reject the application, hence, we deem it proper to allow the present writ petition (parole) and set aside the order dated 26.09.2024 qua the petitioner. 6. Criminal Writ Petition (Parole) is accordingly, allowed.
The order of recommendation of the Parole Advisory Committee dated 26.09.2024 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 CHANDAN /26