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2025 DAILYLAW 35550 (RAJ)

SALMAN S/O SHRI JAMAL KHAN v. STATE OF RAJASTHAN

CRLW/2276/2024 · 2025-01-29

Bhuwan Goyal, Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:4050-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 2276/2024 Salman S/o Shri Jamal Khan, Aged About 30 Years, R/o Village Fatehgarh, Police Station Sarwad, District Kekri (Raj.) (At Present Confined In Central Jail Ajmer) Through His Wife- Dilkhush Begam W/o Shri Salman, Aged About 29 Years R/o Village Fatehgarh, Police Station Sarwad, District Kekri (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committe, Through The District Magistrate, Kekri (Raj.) 3. The Superintendent, Central Jail Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat 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 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 nine years. His jail conduct as per the report of the [2025:RJ-JP:4050-DB] (2 of 3) [CRLW-2276/2024] Superintendent, Central Jail, Ajmer is satisfactory and there was no justification in rejecting his parole application. 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. The Probation Officer has also not recommended case of the petitioner for release on second regular parole of 30 days. 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 nine 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 29.11.2024 qua the petitioner. [2025:RJ-JP:4050-DB] (3 of 3) [CRLW-2276/2024] 7. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee, Kekri dated 29.11.2024 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, Central Jail, Ajmer 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, Ajmer by fax today itself for necessary compliance. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J INDER /56