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D.B. CIVIL WRIT

PETITION(PAROLE) NO. 15337/2015

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR.

ORDER

D.B. CIVIL WRIT PETITION(PAROLE) NO. 15337/2015

ASHOK KUMAR VS. STATE OF RAJASTHAN & ANOTHER.

DATE OF ORDER : 16.11.2015

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

HON'BLE MR. JUSTICE PRAKASH GUPTA

Mr. Govind Prasad Rawat, for the petitioner.

Mr. Sudesh Saini, Addl.G.A., for the respondents.

BY THE COURT:

This writ petition(parole) has been fled b b t he

petitioner Ashok Kumar through his next friend Sita Ram, who

has been convicted for ofence under Sections 302 and 201

IPC bb the Court of learned Special Judge(Dacoitb Afected

Area), Bharatpur vide its judgment dated 07.05.2001 in

Sessions Case No. 31/2001 and has been sentenced to

undergo life imprisonment. The petitioner fled c riminal

appeal before this court which was dismissed.

The petitioner has approached this Court with the

grievance that the State Parole Advisorb Committee, Jaipur in

its meeting dated 13.08.2014 has rejected application of the

petitioner seeking his release on permanent parole.

As per the averments of the writ petition, the

petitioner applied for permanent parole and his case was

considered bb the aforesaid Committee in its meeting dated

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D.B. CIVIL WRIT

PETITION(PAROLE) NO. 15337/2015

13.08.2014. However, the Committee did not recommend his

case for release on permanent parole on the premises that

conduct of the petitioner could not be ascertained as he had

not availed anb parole and the petitioner absconded from

Open Air Jail Camp, Beechwal on 04.09.2008 and was

admitted to jail again on 24.09.2008.

Learned counsel for the petitioner has submitted

that the petitioner is behind the bars since his arrest and

served more than 18 bears and 5 months imprisonment

including remission of his sentence whereas a prisoner who

served 14 bears of his sentence is entitled for release on

permanent parole. Behaviour of the petitioner in jail

remained satisfactorb. Learned counsel for the petitioner has

submitted that no FIR appears to be registered against the

petitioner for the act of absconding from Open Air Jail Camp,

Beechwal. Absence of the petitioner from the Open Air Jail

Camp, Beechwal was not deliberate, but was owing to his

personal difcultb. It is argued that looking to the provisions

of Rule 9 of the Rajasthan Prisoners Release on Parole Rules,

1958(for short 'the Rules of 1958'), the petitioner is entitled

for permanent parole. The petitioner is permanent resident of

Ward No. 13, Police Station Nadbai, District Bharatpur and

there is no possibilitb of absconding of the petitioner. The

petitioner is having his familb and requires permanent parole

to look after his familb. Learned counsel for the petitioner in

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D.B. CIVIL WRIT

PETITION(PAROLE) NO. 15337/2015

support of his case, has placed reliance upon the decisions of

this Court in Hari Singh Vs. State of Rajasthan & Ors. (2013

Crl.L.J. 1619) and Shivandas @ Shiv Kumar Vs. State of

Rajasthan & Ors.(D.B. Civil Writ Petition(Parole) No. 9872/2015

decided on 17.09.2015). It is, therefore, prabed that the

petitioner mab be released on permanent parole.

Learned

Additional

Government

Advocate

appearing on behalf of the respondents has opposed the writ

petition and submitted that praber of the petitioner has rightlb

been declined on the ground that he absconded from Open

Air Jail Camp, Beechwal which dis-entitles him of such release

as per Rule 9 of the Rules of 1958. It is further submitted that

apart from aforesaid one instance, the petitioner was found in

the state of intoxication on road and he was admitted in Jail

Ward of R.B.M. Hospital, Bharatpur and he was medicallb

examined. Thereafter, he was again admitted to jail as per

Rule 12 of Rajasthan Open Air Jail Camp Rules, 1972.

Therefore, the petitioner is n