[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

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 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