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2021 Supreme(Raj) 1346
RAJASTHAN HIGH COURT
Sandeep Mehta, Sameer Jain, JJ.
Subhash - Appellant
Versus
State & Ors. - Respondents
Criminal Writ Petition No. 520 of 2021
Decided On : 11-11-2021
Kaluram Bhati, Advocate, Anil Joshi, Advocate
Eligibility for parole is contingent upon meeting specific criteria outlined in the governing rules, which must be strictly adhered to.
Headnote:
PAROLE - PRISONERS RELEASE - The court ruled that the petitioner is ineligible for parole under Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 2021, due to not meeting the required period of imprisonment. The decision emphasizes the importance of adhering to eligibility criteria for parole applications, influencing the dismissal of the petition.
Fact of the Case:
The petitioner sought release on parole but had not completed the requisite period of imprisonment as mandated by the Rajasthan Prisoners Release on Parole Rules, 2021.
Finding of the Court:
The court found that the petitioner did not meet the eligibility criteria for parole, specifically the requirement of having served a minimum period of imprisonment.
Issues: Whether the petitioner is eligible for release on parole under the applicable rules given his period of imprisonment.
Ratio Decidendi: The court held that eligibility for parole is strictly governed by the rules, and the petitioner’s failure to meet the required period of custody precludes him from being considered for parole.
Result: The court dismissed the parole writ petition, allowing the petitioner to re-apply for parole only after fulfilling the necessary custody requirements.
JUDGMENT
Heard learned counsel for the petitioner and learned G.A.-cum-A.A.G. Perused the material available on record.
Undoubtedly, the petitioner has not acquired the eligibility of suffering imprisonment of 2 years after being re- arrested and thus, as on date he is not entitled to be considered to be released on parole under Rule 18 of Rajasthan Prisoners Release on Parole Rules, 2021.
Hence, leaving the petitioner at liberty to re-apply for parole after completing requisite period of custody, the instant parole writ petition is dismissed.
