[2026:RJ-JD:12006-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 317/2026 Sampat Singh S/o Panna Singh, Aged About 46 Years, At Present Lodged In Central Jail , Ajmer Through His Wife Leela W/o Shri Sampat Singh 44Yrs R/o Govliya Kekri Ps Bhinay Ajmer ----Petitioner Versus

1. State Of Rajasthan, Department Of Home Jaipur

2. The Director General Jail, Jaipur

3. The District Collector, Ajmer

4. The Superintendent, Central Jail Ajmer ----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati Mr. Swapan Chouhan For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG HON'BLE MR. JUSTICE FARJAND ALI HON'BLE MR. JUSTICE SANDEEP SHAH

Order

Reportable-

13/03/2026

1. The present writ petition has been filed by the petitioner-

convict seeking grant of permanent parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958 and assailing the decision of the District Parole Advisory Committee whereby his application for parole came to be rejected.

2. As per the averments made in the writ petition, the petitioner applied for permanent parole before the respondent authorities in earlier round of litigation by way of filing a D.B. Civil Writ Petition No.14630/2015 and vide order dated 08.02.2016 he was released on permanent parole by Superintendent of Jail, Ajmer.

3. After his release on 02.05.2016, he committed an offence for which a Case No.21/2017, bearing FIR No.198/2016 got registered against him at Police Station Masuda, District Ajmer for having accusation of penal provision of NDPS Act and 380 and 457 of IPC. He was arrested and subjected to trial and after a rigorous trial, he was convicted and sentenced vide judgment dated 17.09.2024. He was convicted for committing offence under Section 380 of IPC and sentenced to suffer five years imprisonment and eight years for offence under Section 457 of IPC.It is not disputed that he has undergone and suffered the sentence as directed by the learned trial court. In this background of the case, he again moved a petition for his permanent parole. A reply to the writ petition has been preferred on behalf of the State of Rajasthan specifically mentioning that till 30.01.2026, the petitioner has served 28 years 10 months and 8 days imprisonment. It is averred that while taking a liberal approach, the petitioner was released on permanent parole on 09.02.2016, however, he made breach of the conditions and committed offence during the period of parole and in that criminal case also he was found guilty and these circumstances are sufficient to dis-entitle him to get benefit of parole. The earlier order of permanent parole granted in the year 2016 was revoked vide order dated 15.03.2022.

4. We have heard learned counsel appearing for the respective parties and have carefully perused the record as well as the attendant facts and circumstances of the case. It is indeed true that the petitioner, while earlier extended the concession of permanent parole, had misused the liberty so granted in his favour and had committed an offence during the subsistence of the said parole, which ultimately culminated in his conviction. Nevertheless, it cannot be lost sight of that the petitioner has, as on date, undergone incarceration for an exceptionally long duration of nearly twenty-nine years. The breach of the conditions of parole admittedly occurred in the year 2016 and a considerable period of almost a decade has elapsed thereafter. The philosophy underlying the parole system is essentially reformative and rehabilitative in nature and not merely punitive. In these circumstances, this Court is of the considered view that the mere fact that the petitioner had earlier abused the concession of parole cannot, by itself, lead to an irrebuttable presumption that he would necessarily repeat such conduct in future or that the possibility of his reformation has been completely foreclosed. Having regard to the prolonged period of incarceration already undergone and the passage of considerable time