BASARAT @ BASRAT S/O SHRI AIVAJ KHAN v. STATE OF RAJASTHAN
CRLW/139/2025 · 2025-03-10
Vinod Kumar Bharwani
body2025
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[ 2025 DAILYLAW 5001 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 5001 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:10910] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 139/2025 Basarat @ Basrat S/o Shri Aivaj Khan, R/o Aivajroy Ka Bas Tan Musakheda, Police Station Kishangarh Bas, District Khairthal- Tijara (Raj.) (At Present Confined In Central Jail Alwar) Through His Son- Wasim Khan S/o Shri Basarat @ Basrat, Aged About 27 Years, R/o Aivajroy Ka Bas Tan Musakheda, Police Station Kishangarh Bas, District Khairthal- Tijara (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Parole Advisory Committee, Through The District Magistrate, Khairthal- Tijara (Raj.)
3. The Sperintendent, Central Jail Alwar. ----Respondents For Petitioner(s) : Govind Prasad Rawat For Respondent(s) : Mr. Jaiprakash Tiwari, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 10 /03/2025
1. This Criminal Writ Petition (Parole) has been filed by the petitioner seeking regular parole for a period of 40 days. 2. It is contended by learned counsel for the petitioner that the petitioner was released on parole on various occasions and after completion of the parole period, the petitioner has surrendered himself before the Jail Authorities. It is further contended that the parole application of the petitioner was rejected by the District Parole Advisory Committee, Khairtal-Tijara vide its order dated 18.12.2024, on the ground that the Superintendent of Police, Khairtal-Tijara, has given an adverse report against the petitioner. It is further contended that the petitioner has remained in custody
[2025:RJ-JP:10910] (2 of 3) [CRLW-139/2025] for a period of more than ten years and there was no justification in rejecting his parole application. 3. Learned Public Prosecutor has opposed the writ petition. It is contended that Superintendent of Police has reported that the case in which the petitioner is undergoing sentence is of serious nature and if he is released on parole, it may affect the society as well as the complainant/victim also. 4. In counter to the above, counsel for the petitioner further submitted that the report of the Social Welfare Department is in favor of the petitioner and the jail conduct of the petitioner as reported by the Superintendent, Central Jail, Alwar, is also satisfactory. 5. I have considered the contentions advanced by learned counsel for the parties and perused the material available on record. 6.
Considering the fact that the petitioner has remained in custody for a period of more than ten years; thus as per the Rajasthan Prisoners on Parole Rules,1958, he is entitled for parole; his jail conduct is satisfactory; no documentary evidence in support of adverse report has been placed on record to deny the prayer for grant of regular parole, hence, in these facts & circumstances as well as the material available on record, this Court deems it proper to allow the present writ petition (parole) and set aside the order/recommendations dated 18.12.2024. 7. The present criminal writ petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 18.12.2024 qua the present petitioner is
[2025:RJ-JP:10910] (3 of 3) [CRLW-139/2025] quashed. The Jail Authorities are directed to release the petitioner on regular parole for a period of 40 days on furnishing of his personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Alwar, 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 the 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, Alwar, by fax today itself for necessary compliance. (VINOD KUMAR BHARWANI),J SAHIL SONI /298