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[2026:RJ-JD:5425-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Writ Petition No. 3559/2025

Devilal @ Deva S/o Shri Dhana Ji, Aged About 42 Years, R/o

Jambuda Ghata, Police Station Semari, District Sailumbar At

Present Lodged In Open Air Camp, Gosewa Samiti Goluwala

District Hanumangarh (Raj.).

----Petitioner

Versus

1. State of Rajasthan, Home Department, Jaipur, (Raj.).

2. The District Collector, Sailumbar, (Raj.).

3. The Dy. Superintendent, District Jail Hanumangarh (Raj.).

----Respondents

For Petitioner(s) : Mr. Om Singh Chauhan.

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

30/01/2026

1. Heard learned counsel for the parties.

2. The present criminal writ petition has been filed by the

convict-petitioner being aggrieved of the order dated 08.05.2025

whereby, the Collector and District Magistrate, Salumbar while

relying on the decision of the District Parole Advisory Committee,

Salumbar in its meeting dated 06.05.2025 has refused to release

the convict-petitioner on first parole 20 days.

3. Learned counsel for the petitioner submits that the petitioner

is undergoing incarceration in pursuance of the judgment dated

18.07.2018 passed by the learned Additional Sessions Judge,

Salumbar in Sessions case No.70/2015. He further submits that

the petitioner has completed more than 10 years of incarceration

and, therefore, he is entitled for grant of first parole of 20 days in

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[2026:RJ-JD:5425-DB] (2 of 3) [CRLW-3559/2025]

accordance with the Rajasthan Prisoners Release on Parole Rules,

1958.

4. Learned counsel for the petitioner also submits that despite

the petitioner being eligible for releasing on first parole, the

District Parole Advisory Committee has rejected his application.

He, therefore, prays that the present criminal writ petition may be

allowed and the petitioner may be released on first parole of 20

days.

5. Per contra, reply has been filed by the State, wherein, it is

stated that the case of the present petitioner was duly considered

by the District Parole Advisory Committee in its meeting dated

06.05.2025 and the same was rejected. Learned Additional

Advocate General submits that the mother and brother of the

petitioner had given in writing that the petitioner is an addict of

liquor and Ganja and after consumption of the same, he becomes

violent and in that situation, he may commit their murder,

therefore, the family has stated that the petitioner should not be

released on parole. He also submits that even the Social Welfare

Department has not given a favorable report for releasing the

petitioner on parole.

6. Considering the fact that parole is being granted for

establishing the bond between the convict-petitioner and the

family members, but since in the present case, the family

members have given in writing that the release of the convict-

petitioner on parole will be a threat to their life coupled with the

fact that the Social Welfare Department has also not given

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favorable report for releasing the petitioner on parole, therefore,

we are not inclined to release the convict-petitioner on first parole.

7. In view of the discussions made above, we find that there is

no error in the order dated 08.05.2025 passed by the Collector

and District Magistrate, Salumbar relying upon the decision taken

by the District Parole Advisory Committee, Salumbar in its

meeting dated 06.05.2025, rejecting the case of the present

petitioner for grant of first parole of 20 days.

8. Therefore, the present criminal writ petition is devoid of any

force and the same is hereby dismissed.

(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

64-Shahenshah/SunilS/-

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