[2025:RJ-JP:50499-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 1455/2025 Ashok Kumar S/o Shri Babulal, R/o Bhadana, Police Station Narayanpur, District Alwar, At Present Kotputli Behror (Raj.) (At Present Confined In Central Jail Sewar Bharatpur) Through His Father - Babulal S/o Shri Sultan, Aged About 56 Years, R/o Bhadana, Police Station Narayanpur, District Kotputli Behror (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Collector, Kotputli Behror (Raj.). 3. The Superintendent, Central Jail Sewar Bharatpur. ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Jitendra Singh Rathore, AGA Mr. Naresh Gupta, PP HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE BHUWAN GOYAL Order 15/12/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking second regular parole for a period of 30 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, District, Kotputli-Behror has given an adverse report against the petitioner. It is further contended that the petitioner has remained in custody for a period of more than seven years. It is also contended by learned counsel for the petitioner that the petitioner has availed 1st regular parole for 20 [2025:RJ-JP:50499-DB] (2 of 4) [CRLW-1455/2025] days and he himself surrendered in time after expiry of said parole period and has not misused the liberty of parole granted to him by this Court. As per the report of the Superintendent, Central Jail, Bharatpur, his jail conduct is satisfactory from 12.10.2023. Thus, there is no justification in rejecting the petitioner’s second parole application. 3. Learned Additional Government Advocate has vehemently opposed the present criminal writ petition (parole) and it is contended that Superintendent of Police has reported that if the petitioner is released on parole, it may affect the society. 4. In counter to the above, counsel for the accused-petitioner further submitted that the report of the social welfare department is in favour of the accused-petitioner and the jail conduct of the accused-petitioner as reported by the Superintendent, Central Jail Bharatpur is also satisfactory. 5. We have considered the contentions advanced by counsel for the parties and perused the material on record. 6. Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 reads as under: “9. Parole period - A prisoner, who has completed with remission, if any, 2 [one-fourth] of his sentence and subject to good conduct in the Jail, may be released on 1st parole for 20 days including days of journey to home and back. and for 30 days on 2nd parole provided his behaviour has been good during the 1st parole and for 40 days on third parole provided his behaviour has been good during the second parole. If during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the [State Committee] for [2025:RJ-JP:50499-DB] (3 of 4) [CRLW-1455/2025] permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned; the chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In cases the permanent release on parole is rejected the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining period of his sentence. 1 [Provided the cases of prisoners who have been sentenced to imprisonment for life, for an offence for which death penalty is one of the punishments provided by law or who have been sentenced to death but this sentence has been commuted under section 433 of Code of Criminal Procedure into one of life imprisonment shall not be placed before the State Committee for permanent release on parole unless he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial. Such prisoners may be released on parole for 40 days every year for the remaining period of their sentence subject to the conditions stated above.] 7. Considering the fact that the petitioner has remained in custody for a period of more than 7 years; the petitioner earlier availed 1st regular parole for 20 days and he himself surrendered in time before the jail authorities; and there is nothing on record which could substantiate the rejection of petitioner's second parole application, we deem it proper to allow the present writ petition (parole), set aside the order/recommendations dated 08.10.2025 qua the petitioner and release the petitioner on second regular parole of 30 days in accordance with the Rajasthan Prisoners Release on Parole Rules, 1958. [2025:RJ-JP:50499-DB] (4 of 4) [CRLW-1455/2025] 8. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 08.10.2025 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on second regular parole for a period of thirty 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, Bharatpur 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. The 30 days’ parole period shall be counted from the date of the petitioner’s release. 9. In case of his failure to surrender by stipulated date, the Jail Authorities shall be free to proceed against the petitioner in accordance with law. 10. Office is directed to send a copy of this order to the Superintendent, Central Jail, Bharatpur by fax today itself for necessary compliance. (BHUWAN GOYAL),J (SUDESH BANSAL),J Anu/Ritu/38