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2025 DAILYLAW 8197 (RAJ)

IMRAN @ DELHI WALA S/O ISLAM KHAN v. THE STATE OF RAJASTHAN

CRLW/259/2025 · 2025-03-26

Bhuwan Goyal, Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:13723-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 259/2025 Imran @ Delhi Wala S/o Islam Khan, Aged About 37 Years, R/o Peer Baba Wali Gali, Bulandsahar (U.p.) At Present R/o Maulvi Abba Wali Gali Near Police Govind Nagar, Police Station Udyog Nagar, District Kota (Raj.) (At Present In Central Jail, Kota) Through His Brother Furkhan Khan S/o Islam Khan, Aged About 27 Years, R/o Salim Abba Wali Gali No. 7, Police Station Udyog Nagar, District Kota (Raj.) 324004 ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Kota. 3. Superintendent Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Rajesh Chaudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG Mr. Gaurav Gupta, Asst.G.A. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 26/03/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking regular parole for a period of 7 days under Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short ‘the Rules of 1958’). 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 as well as Superintendent of [2025:RJ-JP:13723-DB] (2 of 3) [CRLW-259/2025] Police, District Kota City have not recommended to release the pe- titioner on parole. It is further contended that the petitioner has remained in custody for a period of more than 18 years. As per the report of the Superintendent, Central Jail, Kota, jail conduct of the petitioner since 11.03.2021 is satisfactory. Thus, there is no justification in rejecting his parole application. 3. Learned Government Advocate-cum-Additional Advocate General has opposed the writ petition. It is contended that the pe- titioner was earlier absconded after his release on first regular pa- role for 20 days from 25.12.2020 to 13.01.2021. Further, report of the Social Welfare Department is not in favour of the petitioner. 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 18 years and the report of Superintendent, Central Jail, Kota wherein it has been mentioned that since 11.03.2021, the petitioner’s jail conduct is satisfactory, we deem it proper to allow the present writ petition (parole), set aside the order/recommendations dated 31.07.2024 qua the petitioner and release the petitioner on regular parole of 7 days in accordance with Rule 18 of the Rules of 1958. 6. Criminal Writ Petition (Parole) is accordingly allowed. The order/recommendation of the Parole Advisory Committee dated 31.07.2024 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on regular parole for a period of 7 days under Rule 18 of the Rules of 1958 on his furnishing a personal bond of Rs.50,000/- with two sureties of like [2025:RJ-JP:13723-DB] (3 of 3) [CRLW-259/2025] 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 main- tain peace and tranquility during the parole period. The 7 days’ parole period shall be counted from the date of the petitioner’s re- lease. 7. In case the petitioner fails to surrender by stipulated date/time, the Jail Authorities shall be free to proceed against him in accordance with law. 8. 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 Anu/Sudeepak/63