[2025:RJ-JP:41720-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 1117/2025 Mohammad Rais S/o Basheer Khan, Aged About 43 Years, R/o Sanjay Colony, Jhalawar, Police Station Kotwali, Jhalawar, District Jhalawar. (At Present Confined in Central Jail Kota). ----Petitioner Versus 1. Director General Of Police (Prisoners), Govt. Of Rajasthan, Jaipur. 2. The District Collector and District Magistrate, Jhalawar. 3. The Superintendent, Central Jail, Kota. ----Respondents For Petitioner(s) : Ms.Rajani Vyas For Respondent(s) : Mr.Sudesh Saini, Addl. Govt. Adv. HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/10/2025 1. The grievance in the writ petition is against rejection of the prayer for release on parole for twenty days vide judgment dated 12.02.2020. The petitioner was convicted under Section 5/6 of the Protection of Children from Sexual Offences Act and Section 376(2) IPC and was sentenced for life imprisonment. 2. The petitioner applied for parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short ‘1958 Rules’). The prayer for parole was rejected relying upon recommendations of the Superintendent of Police and the Social Justice Department. [2025:RJ-JP:41720-DB] (2 of 2) [CRLW-1117/2025] 3. From perusal of the recommendations, it is evident that the matter has been considered under the Rajasthan Prisoners Release on Parole Rules, 2021 (for short ‘2021 Rules’). The issue that the 2021 Rules shall apply to the conviction after the date of coming into force. 2021 Rules are no longer res integra and has been decided by the Division Bench of this Court in DB CRLW No.613/2023 decided on 10.07.2023. The relevant part of the judgment is quoted below:- “In such circumstances, the decision taken by the District Parole Advisory Committee, Jodhpur in its meeting dated 20.06.2023, refusing to grant parole of 20 days’ to the petitioner, is hereby set aside and the respondents are directed to consider the application filed by the petitioner for releasing him on 20 days’ parole afresh in accordance with the provisions of the Rules of 1958, instead of the provisions of the Rules of 2021, within a period of six weeks from the date of production of certified copy of this order. This parole writ petition is disposed of accordingly.” 4. In view of the above, the writ petition is allowed. The impugned order is set aside. The committee shall consider the application of the petitioner for parole afresh in accordance with law. An expeditious disposal of the application shall be appreciated by the committee. (PRAVEER BHATNAGAR),J (AVNEESH JHINGAN),J Monika/55