[2025:RJ-JP:4182-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 2242/2024 Hariram S/o Shri Sukhram, R/o Sundarpura, Police Station Pragpura, Distt. Kotputli- Bahror (Raj.), (At Present Confined In Special Central Jail, Salyawas, Dausa (Raj.), Through His Nephew - Gyan Chand Gurjar S/o Shri Rohitash Gurjar, Aged About 30 Years, R/o Sudharpura Dhada, Dhada, Police Station Pragpura, Distt. Kotputli-Bahror (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General Of Prisons Directorate Prisons, Ghatgate, Jaipur. 2. The District Magistrate, Kotputli-Bahror (Raj.) 3. The Superintendent Special Central Jail, Salyawas, Dausa (Raj.). ----Respondents For Petitioner(s) : Mr. Harshit Sharma for Mr. RAjesh Kala For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG assisted by Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 30/01/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking release on second regular parole of 30 days. 2. It is contended by counsel for the accused-petitioner that parole application of the accused-petitioner was rejected on the ground that the Superintendent of Police has given an adverse report against the accused-petitioner. It is further contended that the accused-petitioner has remained in custody for a period of more than seven years. His jail conduct as per the report of the [2025:RJ-JP:4182-DB] (2 of 3) [CRLW-2242/2024] Superintendent, Special Central Jail, Shyalawas, Dausa is satisfactory and there was no justification in rejecting his parole application. The Social Welfare Officer has also recommended case of the petitioner for release on parole. 3. Learned Government Advocate-cum-Additional Advocate General has opposed the criminal writ petition. It is contended that Superintendent of Police has reported that the case in which accused-petitioner is undergoing sentence being of serious nature, it might affect the society as well as the complainant, if the petitioner is released on parole. 4. In counter to the above, counsel for the accused-petitioner further submitted that after availing first regular parole of 20 days, the accused-petitioner has surrendered himself before the concerned authority within time. 5. We have considered the contentions advanced by counsel for the parties and perused the material on record. 6. Considering the fact that the accused-petitioner has remained in custody for a period of more than seven years and surrendered before concerned authority within time after availing first parole, thus, as per the Rajasthan Prisoners on Parole Rules, 1958, he is entitled for second regular parole of 30 days; his jail conduct is satisfactory; no documentary evidence in support of adverse police report has been placed on record to deny the prayer for grant of second regular parole of 30 days to the accused- petitioner. Hence, in these facts and circumstances as well as the material placed before us, we deem it proper to allow the present writ petition (parole) and set aside the order/recommendations dated 26.112024 qua the petitioner. [2025:RJ-JP:4182-DB] (3 of 3) [CRLW-2242/2024] 7. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee, District Kotputli- Behror dated 26.11.2024 qua the accused-petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of thirty days on furnishing of his personal bond in the sum of Rs.50,000/- with two sureties of like amount each to the satisfaction of the Superintendent, Special Central Jail, Shyalawas, Dausa 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, Special Central Jail, Shyalawas, Dausa by fax today itself for necessary compliance. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J INDER /34