[2025:RJ-JP:41679-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 1192/2025 Nemichand S/o Shri Ramji Lal, Aged About 35 Years, R/o Girdharipura, Police Station Kanota, District Jaipur (Raj.) (At Present In Central Jail Jaipur) Thorugh His Brother Rinku S/o Shri Ramji Lal Aged About 30 Years, R/o Girdharipura, Police Station Kanota, District Jaipur (Raj.) 303012 ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. The Deputy Secretary, Department Of Home (Group-12), Government Of Rajasthan, Government Secretariat, Jaipur. 3. Superintendent Central Jail, Jaipur. 4. The District Magistrate, Jaipur. ----Respondents For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Vijay Singh Yadav, DyGA HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/10/2025 AVNEESH JHINGAN, J:- 1. This petition is filed aggrieved of order dated 22.08.2025 whereby, the prayer of the petitioner for permanent parole was rejected. 2. The petitioner was convicted vide judgment dated 13.07.2020 u/s 376(1)(2)(h)(m), 354-A, 506 IPC and Section 4, 5/6, 7/8, 9(1)/10, 11/12 POCSO Act and Section 66A and 66-B of IT Act was sentenced to life imprisonment for rest of the life. [2025:RJ-JP:41679-DB] (2 of 2) [CRLW-1192/2025] 3. Heard learned counsel for the parties and perused the pleadings. 4. As per the pleadings in petition, the petitioner has availed three paroles and complied with the conditions. 5. The impugned order dated 22.08.2025 approving the recommendation of the State Level Parole Committee (for short ‘the Committee’) is a non-speaking order. No reasons have been given for declining the prayer for permanent parole. The functions discharged by the Committee involves personal liberty of an individual, the minimum requirement is that the reasons should be communicated to the affected party by passing a speaking order. 6. From the order, it is not evident that case was dealt under the Rajasthan Prisoners Release on Parole Rules, 1958 (‘1958 Rules’) or Rajasthan Prisoners Release on Parole Rules, 2021 (‘2021 Rules’). 7. The Division Bench of this Court in D.B. Criminal Writ Petition No.613/2023 titled as Asha Ram @Ashumal vs. State of Rajasthan & Ors. held that the date of conviction shall determine the applicability of 1958 Rules or 2021 Rules. 8. The impugned order is set aside, the matter is remitted back to the Committee to decide the application for permanent parole afresh in accordance with law by passing a speaking order as expeditiously as possible. 9. The criminal writ petition (parole) is allowed. (PRAVEER BHATNAGAR),J (AVNEESH JHINGAN),J Chandan/56