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2025 DAILYLAW 3953 (RAJ)

SAHJAD @ KALA S/O SH. MATLUKA @ RAMJAN v. STATE OF RAJASTHAN

CRLW/94/2025 · 2025-02-24

Bhuwan Goyal, Narendra Singh Dhaddha

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:8150-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 94/2025 Sahjad @ Kala S/o Sh. Matluka @ Ramjan, Aged About 34 Years, R/o Ward No. 19, Bhagat Singh Circle Pilani, Jhunjhunu, Police Station Pilani, District Jhunjhunu (Raj.). (At Present Confined In Central Jail Kota) Through His Mother - Ramjana W/o Sh. Matluka @ Ramjan, Age About 62 Years, R/o Ward No. 19, Bhagat Singh Circle Pilani, Jhunjhunu, Police Station Pilani, District Jhunjhunu (Raj.). ----Accused Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Jhunjhunu. 3. The Superintendent, Central Jail, Bikaner. ----Respondents For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Gaurav Gupta, Asst. GA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 24/02/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking first regular parole for a period of 20 days. 2. It is contended by counsel for the petitioner that parole application of the petitioner has been rejected on the ground that the Superintendent of Police, Jhunjhunu has given an adverse report against the petitioner and Probation Officer has also not recommended his case. It is further contended that the petitioner [2025:RJ-JP:8150-DB] (2 of 3) [CRLW-94/2025] has remained in custody for a period of more than nine years. His jail conduct as per the report of the Superintendent, Central Jail, Bikaner is satisfactory. Thus, there was no justification in rejecting his parole application. 3. Learned Government Advocate-cum-Additional Advocate General has opposed the writ petition. It is contended that Superintendent of Police has reported that if the petitioner is released on parole, he may again commit the offence with the complainant as the huts of the petitioner and the complainant party are adjoining to one another. 4. We have considered the contentions advanced by counsel for the parties and perused the material came on record. 5. Considering the fact that the petitioner has remained in custody for a period of more than nine years; thus as per the Rajasthan Prisoners Release on Parole Rules,1958, he is entitled for parole; his jail conduct is satisfactory, hence in these facts and circumstances as well as the material before us, we deem it proper to allow the present writ petition (parole) and set aside the order/recommendations dated 29.08.2023. 6. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 29.08.2023 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on first regular parole for a period of 20 days on his furnishing a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Bikaner with the stipulation that he shall surrender himself before the Jail Authorities on the expiry [2025:RJ-JP:8150-DB] (3 of 3) [CRLW-94/2025] of the parole period and shall maintain peace and tranquility during the parole period. The 20 days’ parole period shall be counted from the date of the petitioner’s release. 7. In case of his failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law. 8. Office is directed to send a copy of this order to the Superintendent, Central Jail, Bikaner by fax today itself for necessary compliance. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Ritu/Payal42