[2025:RJ-JP:50925-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 1616/2025 Chhotelal @ Chotiya S/o Shri Leelaram, Aged About 29 Years, R/o Navalpura, Police Station Basdayal, District Kotputli-Behror (Raj.) (At Present serving his sentence in Central Jail, Alwar) Through His Brother Pritam S/o Shri Leelaram, Aged About 36 Years R/o Navalpura, Tan Ratanpura, Police Station Basdayal, District Kotputli-Behror (Raj.) 301024.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.)

2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Kotputli-Behror.

3. Superintendent Central Jail, Alwar.

----Respondents For Petitioner(s) : Mr. Vishram Prajapati, Advocate For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, Advocate HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

17/12/2025 Accused petitioner has filed this Criminal Writ Petition (Parole) seeking second regular parole for a period of 30 days.

Learned counsel for the petitioner submits that vide judgment dated 6.10.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Alwar in Sessions case no. 132/2019, the petitioner was convicted for the offence under Sections 341, 323/149, 342, 354, 376(D), 506, 509, 386, 395, 365, 327 IPC; Section 3(1)(e), 3(1)(u), 3(1)(w)(i), 3(2)(v) of SC/ST Act; Section 67, 67A of the Information and Technology Act and Section 4/6 of Indecent Representation of Women (Prohibition) Act, 1986 and sentenced to undergo life imprisonment for remainder period of natural life. The petitioner filed D.B. Criminal Appeal No. 252/2020 before this Court, which is pending consideration.

It is also submitted 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 submitted that the petitioner has remained in custody for a period of more than 7 years. It is further submitted that earlier the petitioner filed D.B. Criminal Writ Petition (Parole) No. 1372/2025 and in view of the statement made by Superintendent of Police, Kotputli-Behror, the order dated 8.10.2025 qua the petitioner was set-aside and District Parole Advisory Committee was directed to pass a fresh and reasoned speaking order within two weeks from the date of receipt of record of the District Superintendent of Police. It is also contended by learned counsel for the petitioner that the petitioner has availed 1^st 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, Alwar, his jail conduct was satisfactory. Thus, there is no justification in rejecting the petitioner’s second parole application.

Learned GA-cum-Additional Advocate General has vehemently opposed the present criminal writ petition (Parole) and it is submitted that the Superintendent of Police has reported that if the petitioner is released on parole, an untoward incident may take place.

In counter to the above, counsel for the petitioner further submitted that the report of the social welfare officer is in favour of the petitioner and the jail conduct of the petitioner, as reported by the Superintendent, Central Jail, Alwar is also satisfactory.

We have considered the contentions advanced by counsel for the parties and perused the material on record.

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, [one-fourth] of his sentence and subject to good conduct in the Jail, may be released on Ist 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 Is