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2025 DAILYLAW 33788 (RAJ)

YASHWANT @ PINTU S/O SHRI PARMOD DAS v. STATE OF RAJASTHAN

CRLW/2131/2024 · 2025-01-08

Pankaj Bhandari, Shubha Mehta

body2025

Judgment text

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[2025:RJ-JP:1106-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 2131/2024 Yashwant @ Pintu S/o Shri Parmod Das, Aged About 37 Years, R/o Rayganv, Police Station Mohganv, District Mandla (M.p.) (At Present Confined In Open Air Camp Sanganer, Jaipur (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through The Joint Secretary Home, (Group-12), Secretariat, Jaipur (Raj.). 2. The Prisons Parole Advisory Committee (State Committee), Through Its Chairman Director General Of Prisons, Rajasthan. 3. The Superintendent Central Jail, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Harshit Sharma Mr. Dilip Maina 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 criminal writ petition seeking release on permanent parole and for quashing and setting aside the order dated 19.11.2024 qua the petitioner. 2. It is contended by counsel for the petitioner that petitioner has remained in custody for a period of more than 18 years with remission. He is in open jail since 18.07.2018. His application for release on permanent parole was rejected by the impugned order on the ground that petitioner is involved in a heinous offence. [2025:RJ-JP:1106-DB] (2 of 2) [CRLW-2131/2024] 3. Learned GA-cum-AAG has opposed the present criminal writ petition. 4. We have considered the contentions. 5. Prisoners who are involved in heinous offences are only given permanent parole. It is only in heinous offences that an accused remains in jail for a period of more than fourteen years. The reason assigned by the District Collector and Superintendent of Police that petitioner is involved in heinous offence and is thus not entitled to permanent parole is without any basis. 6. Since petitioner has already remained in custody for a period of more than eighteen years with remission and is in open jail for more than six years. We do not find any justification for rejection of his permanent parole application. Consequently, the present criminal writ petition seeking permanent parole is allowed and the order dated 19.11.2024 qua the petitioner is quashed. 6. This Court directs the respondents to release the present petitioner on permanent parole, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent Central Jail, Jaipur, if not warranted in any other criminal case. The concerned Jail Authorities may further put any other condition to secure the presence of the present petitioner, if need be, in accordance with law. The present petitioner is further directed to maintain peace and tranquility during the period of permanent parole. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J MAHIMA/51