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[2026:RJ-JP:39922-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 12982/2026 CNR: RJHC020422922026 | URN: CW / 2732U / 2026 Banwari S/o Shri Ganesh, Aged About 46 Years, R/o Khereda, Police Station Malakheda, District Alwar (Raj.). (At Present Confined In Special Central Jail, Shyalawas, Dausa). Through His Father - Ganesh S/o Let Shri Richpal Singh Age About 80 Years, R/o Khereda, Police Station Malakheda, District Alwar (Raj.).

---Accused-Petitioner Son Versus

1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.

2. The District Parole Advisory Committee, Through The District Magistrate, Alwar.

3. The Superintendent Of Special Central Ajil, Shyalawas, Dausa.

----Respondents For Petitioner(s) : Mr. B R Choudhary For Respondent(s) : Mr. Aman Agarwal with Ms. Neha Goyal for Mr. Rajesh Choudhary, GA-cum-AAG HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE SAMEER JAIN

Order

30/09/2026

1. Present civil writ petition has been preferred by the petitioner for grant of parole of seven days.

2. It is submitted that application filed by the petitioner before that he was absconded for a period of five years. Learned counsel submits that in light of the order passed in D.B. Criminal Writ Petition No.696/2021: Rakesh vs. The State of Rajasthan & Ors.

[2026:RJ-JP:39922-DB] (2 of 2) [CW-12982/2026] decided on 18.08.2021, petitioner deserves to be released on parole. The relevant portion of the order dated 18.08.2021 is reproduced herein under:

"In the considered opinion of this Court, abscondence itself does not ex-facto disentitle a prison for his release on parole under Rule 18 of the Rules of 1958. In case prisoner breaches the condition laid down in parole order he waives his right to be released on regular parole. Superintendent of Police, District Dholpur in its reply has not mentioned that during over stay between period 2003-2014 any offence was committed by convict. In the background of above facts and circumstances, we deem it fit to release the present petitioner on parole for seven days under Rule 18 of the Rules 1958. Accordingly, the instant parole writ petition is hereby allowed. The recommendations dated 02.03.2021 passed by District Parole Advisory Committee Jaipur (ANNEXURE-1) is quashed and struck down qua the convict petitioner and it is ordered that the convict Rakesh S/o Shri Jaswant, shall be released on parole under Rule 18 of the Rules 1958 of 7 days upon his furnishing a personal bond in the sum of Rs.3,00,000/- and two sound and solvent sureties of Rs.1,50,000/- each and one surety will be after verifying the financial condition of the petitioner by the Tehsildar and other to the satisfaction of the Superintendent Central Jail, Sewar, Bharatpur. The Superintendent Central Jail, Sewar shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release."

3. In view of the aforesaid observation, the present petition is disposed of and impugned order is set aside and the matter is fresh order within a period of 15 days from the receipt of certified copy of this order.

(SAMEER JAIN),J (SANJAY K. AGRAWAL),CJ

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