[2025:RJ-JP:23818-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 90/2025 Suraj Dhobi S/o Shri Balchand, Aged About 31 Years, R/o Indraprasth Colony, Ramganj Mandi, Police Station Ramganj Mandi, District Kota (Raj.) (At Present In Central Jail, Kota) Through His Elder Brother Shiv Kumar Balsoriya S/o Shri Balchand, Aged About 36 Years, R/o D-Block, Near Pani Ki Tanki, Indraprasth Colony, District Kota (Raj.) 326519. ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.). 2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Kota. 3. Superintendent Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Sudesh Kumar Saini, AGA with Mr. Vivek Sharma, AGA HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 30/06/2025 1. The convict-prisoner through his elder brother, the petitioner herein, has preferred this criminal writ petition (parole) seeking release on fourth regular parole for a period of forty days. 2. It is contended by learned counsel for the convict-prisoner that the convict-prisoner has remained in custody for a period of more than thirteen years. The Social Welfare Officer has also recommended case of the prisoner for release on parole. His jail conduct as per the report of the Superintendent, Central Jail, Kota [2025:RJ-JP:23818-DB] (2 of 3) [CRLW-90/2025] dated 11.05.2025 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, Central Jail, Kota and Superintendent of Police, District Kota Rural have reported that while languishing in Open Air Camp, F.I.R. No. 190/2024 was registered against him at Police Station Chechat and his conduct was not found satisfactory while on parole because he is of criminal tendency. 4. In counter to the above, learned counsel for the convict- prisoner has submitted that after availing first, second and third regular paroles of 20, 30 & 40 days, respectively, the convict- prisoner surrendered 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. Vide order dated 09.05.2025, time was granted to learned Additional Government Advocate to file a better report explaining as to how the conduct of the petitioner during previous parole was not satisfactory and to produce the rules/jail manual as to whether keeping of a mobile phone is permissible in open jail. In compliance of the order dated 09.05.2025, learned Additional Government Advocate has submitted the report dated 11.05.2025 sent by the Superintendent, Central Jail, Kota stating that Open Air Camp Rules, 1972 do not mention anything about not using mobile phones in open air camp premises. The jail conduct of the prisoner has remained satisfactory. [2025:RJ-JP:23818-DB] (3 of 3) [CRLW-90/2025] 7. Considering the fact that the convict-prisoner has remained in custody for a period of more than thirteen years; he surrendered before concerned authority within time after availing first, second and third parole; his jail conduct is satisfactory; Social Welfare Officer has also recommended case of the prisoner for release on parole and the basis of report of District Collector for denying fourth regular parole to the convict-prisoner has not been substantiated, the Criminal Writ Petition (Parole) is accordingly allowed. 8. The order of the District Parole Advisory Committee dated 09.01.2025 qua the convict-prisoner is quashed. The Jail Authorities are directed to release the petitioner on fourth regular parole for a period of forty 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, Kota 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. 9. In case of his failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law. 10. A copy of this order be also sent to the Superintendent, Central Jail, Kota by fax today itself for necessary compliance. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER /71