RAKESH ALIAS RINKU S/O SHRI RANGLAL v. STATE OF RAJASTHAN
CRLW/239/2025 · 2025-03-18
Bhuwan Goyal, Narendra Singh Dhaddha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7745 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7745 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11941-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 239/2025 Rakesh Alias Rinku S/o Shri Ranglal, Aged About 20 Years, R/o Durgpura, Police Station Kotwali Jhalawar, District Jhalawar (Raj.) (At Present Confined In Central Jail, Kota). ----Petitioner Versus
1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.
2. The District Parole Advisory Committee, Through The District Magistrate, Jhalawar.
3. The Superintendent Central Jail, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl. G.A with Mr. Aman Kumar, AAAG and Mr. Gaurav Gupta, Asst. G.A HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 18/03/2025
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, Central Jail, Kota has given an adverse report against the petitioner for the reason that he was punished with jail punishment on 22.06.2023 and Probation Officer has also not recommended his case. It is further contended that the petitioner has remained in custody for a period of more than ten years. It is also contended by learned counsel for the petitioner that the
[2025:RJ-JP:11941-DB] (2 of 3) [CRLW-239/2025] petitioner has availed 1st regular parole for 20 days and has surrendered in time after expiry of parole period. Thus, there is no justification in rejecting the petitioner’s second parole application only because of jail punishment.
3.
Learned counsel for the petitioner has placed reliance on the
order dated 22.05.2024 passed by the Co-ordinate Bench of this Court in the case of ‘Latoor S/o Shri Anandilal Vs. State of Rajasthan and ors.’ in DB Criminal Writ Petition No. 565/2024.
4. Learned Additional Government Advocate has opposed the writ petition. It is contended that Superintendent, Central Jail, Kota as well as of Social Welfare Department have given adverse report against the petitioner and his jail conduct is also not satisfactory.
5. We have considered the contentions advanced by counsel for the parties and perused the material came on record.
6. Considering the fact that the petitioner has remained in custody for a period of more than ten years; the petitioner has earlier availed 1st regular parole for 20 days and has surrendered in time before the jail authorities; in these facts and circumstances, we deem it proper to allow the present writ petition (parole), set aside the order/recommendations dated 25.09.2024 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.
7. Criminal Writ Petition (Parole) is accordingly allowed. The
order/recommendation of the Parole Advisory Committee dated 25.09.2024 qua the present petitioner is quashed. The Jail
[2025:RJ-JP:11941-DB] (3 of 3) [CRLW-239/2025] Authorities are directed to release the petitioner on second regular parole for a period of 30 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, 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. The 30 days’ parole period shall be counted from the date of the petitioner’s release.
8. In case of his failure to surrender by stipulated date/time, the Jail Authorities shall be free to proceed against the petitioner in accordance with law.
9. Office is directed to send a copy of this order to the Superintendent, Central Jail, Kota by fax today itself for necessary compliance.
(BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Ritu/Avinash/20