[2026:RJ-JD:4365-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 112/2026 Salam @ Chotiya S/o Lt Yusuf Khan, Aged About 46 Years, R/o Khangata, P.S. Pipad City At Present Pratap Nagar, 5Th Road, P.S. Pratapnagar, Dist. Jodhpur.

(At Present Lodged In Central Jail Bikaner)

Through His Brother Allah Noor S/o Lt Yusuf Khan, aged about 26 years, R/o Pratap Nagar 5Th Road, P.S. Pratapnagar, Dist.

Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Home Department Government Of Rajasthan Jaipur.

2. The District Collector, Cum Magistrate, Jodhpur.

3. The Superintendent, Central Jail Bikaner.

----Respondents For Petitioner(s) : Ms. Laxmi Devi.

For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

23/01/2026

1. Heard learned counsel for the parties.

2. The present criminal writ petition has been filed by the convict-petitioner for grant of first parole of 20 days.

3. Learned counsel for the convict-petitioner submits that the convict-petitioner is undergoing a sentence in pursuance of the judgment dated 16.02.2019 passed by the learned Court below. She further submits that the convict-petitioner has completed a custody period of more than 11 years. She also submits that even a report of the Social Welfare Department is in favour of the convict-petitioner. She also submits that the case of the petitioner has wrongly been rejected by the District Parole Committee for releasing him on first parole of 20 days. She, therefore, prays that the present criminal writ petition may be allowed and the convict-

petitioner may be released on first parole of 20 days.

4. Per contra, learned Additional Advocate General has opposed the submissions made by learned counsel for the convict- petitioner and submits that the District Parole Committee has rightly rejected the application for releasing the convict-petitioner on first parole taking into consideration the fact that the convict- petitioner was involved in heinous offence and there are more than 27 cases registered against him. He, therefore, prays that the present criminal writ petition may be dismissed.

5. We have considered the submissions made at the Bar and gone through the relevant record of the case including the order impugned dated 08.12.2025.

6. The release of the convict-petitioner on parole is basically for the purpose of establishing the bonds with his family members, which was snapped in view of the conviction orders. The purpose is for the welfare of the convict and the family. In the present case, the convict-petitioner has suffered incarceration of more than 11 years. The report of the Social Welfare Department is also in his favour that if the convict-petition is released on first parole, then there is no threat to the complainant party or the residents of the area of the convict-petitioner. The anticipation made by the Committee that the convict-petitioner will be a threat to the society is neither based on some foundation nor there is any material placed in support thereof. There is no dispute with respect to the fact that the convict-petitioner is eligible for grant of first parole as per the Rajasthan Prisoners Release on Parole Rules, 1958.

7. In the considered opinion of this Court, the present criminal writ petition merits acceptance and the same is allowed. The convict-petitioner- Salam @ Chotiya S/o Lt Yusuf Khan is directed to be enlarged on first parole for a period of 20 days upon furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one duly verified sound and solvent sureties of Rs.50,000/- (Fifty Thousand Only) to the satisfaction of Superintendent Central Jail, Bikaner on the usual terms and conditions. The Superintendent, Central Jail, Bikaner shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the first parole. The term of first paro