[2026:RJ-JD:12058-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 113/2026 Vinit Alias Tinku S/o Shri Rodi Lal, Aged About 42 Years, R/o Budhji Ka Darwaja, Jagdish Chowk Presently Kothariyo Ki Gali, Police Station Ghantaghar, District Udapiur. (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus

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

2. The District Collector, Udaipur.

3. The Superintendent, Central Jail, Udaipur.

----Respondents For Petitioner(s) : Mr. Anil Upadhyay For Respondent(s) : Mr. Deepak Choudhary, AAG, with Mr. K.S. Kumawat HON'BLE MR. JUSTICE FARJAND ALI HON'BLE MR. JUSTICE SANDEEP SHAH

Order

09/03/2026

1. The present writ petition has been preferred by the petitioner–convict invoking the jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 06.05.2025, whereby the State Government declined the request of the petitioner for permanent parole under the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958. The petitioner seeks setting aside of the said order and consequential directions for grant of permanent parole in accordance with the statutory rules.

2. The record indicates that the petitioner stands convicted by the Court of learned Additional Sessions Judge No.2, Udaipur in Sessions Case No.30/2013, vide judgment dated 01.02.2014, for the offence punishable under Section 302 of the Indian Penal Code, and has been sentenced to life imprisonment along with fine of Rs.25,000/-, with a default sentence. The petitioner is presently lodged in Central Jail, Udaipur.

3. The nominal roll placed before the Court indicates that the petitioner has undergone approximately 12 years and 05 days of actual imprisonment, apart from 3 years and 02 days of detention during investigation and trial, and has also earned remission during incarceration. In aggregate, the petitioner has completed more than 16 years of sentence including remission. It is also not disputed that since the date of conviction the petitioner has remained continuously incarcerated and has not been released on parole at any point of time.

4. The question of release of prisoners on parole in the State of Rajasthan is governed by the Rajasthan Prisoners Release on Parole Rules, 1958. Rule 9 of the said Rules provides the scheme for grant of parole and contemplates release of a prisoner on first, second and third parole subject to good conduct, and further provides that if the conduct of the prisoner remains satisfactory and the authorities are satisfied that he is not likely to relapse into crime, the case may be recommended to the State Government for permanent release on parole. The proviso to Rule 9 stipulates that in the case of prisoners sentenced to life imprisonment for offences where death penalty is one of the punishments prescribed by law, such cases shall not ordinarily be placed for consideration of permanent parole unless the prisoner has undergone fourteen years of imprisonment excluding remission but including the period of detention during investigation or trial. Thus, the statutory scheme makes it clear that a prisoner convicted for the offence under Section 302 IPC becomes eligible for consideration of permanent parole upon completion of the requisite period of incarceration. Rule 14 of the Rules also indicates that although certain classes of prisoners, including those convicted under Section 302 IPC, are ordinarily not eligible for release on parole, such cases may still be considered with special reasons having regard to the circumstances of the offence and the conduct of the prisoner. At the same time, Rule 13 of the Rules clarifies that parole is intended as a concession to encourage good conduct among prisoners and cannot be claimed as a matter of right.

5. The application submitted by the petitioner for permanent parole was processed in accordance with the Rules and reports were obtained from the Distri