Parole Application For Releasing On 40 Days’ Parole Required To Be Considered Under Prisoner Release Rules, 1958: Orders Rajasthan HC

The Rajasthan High Court, Jodhpur Bench has ordered that the parole application filed by a petitioner for releasing him on 40 days’ parole is required to be considered under the Rajasthan Prisoner Release Rules, 1958.

A Division Bench comprising Justice Vijay Bishnoi and Justice Rajendra Prakash Soni said, “… we are of the view that the application filed by the petitioner for releasing him on 40 days’ parole required to be considered under the Rules of 1958. … we deem it appropriate to dispose of this criminal parole writ petition with a direction to the respondents to consider and decide the application filed by the petitioner for releasing him on 40 days’ parole in accordance with the rules of 1958 within a period one month from the date of production of the certified copy of this order.”

Advocate Kalu Ram Bhati appeared on behalf of the petitioner while AAG Anil Joshi and Advocate Rajat Chhparwal appeared on behalf of the respondents.

In this case, the petitioner had filed a writ petition being aggrieved with the action of the respondents for not considering his application for releasing him on 40 days’ regular parole. The State filed a reply to the same and argued that the petitioner was convicted for the offence punishable under Sections 120 B, 396/120B, 302/120B, 323/120B, 324/120B, 395/120B of the IPC and sentenced for life imprisonment by the Additional District and Sessions Judge.

It was further argued that since the petitioner was convicted and sentenced for the offence punishable under Section 396/120B of IPC, which is a prohibited section, and as per Rule 16 (2) (b) of Rajasthan Prisoners Release on Parole Rules, 2021, he is not eligible for grant of parole.

The High Court in view of the above facts noted, “Learned counsel for the petitioner has submitted that the Rules of 2021 came into force on 30.06.2021, whereas the petitioner was convicted on 30.08.2017, therefore, the application for releasing the petitioner on 40 days’ parole required to be considered under the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter to be referred as ‘Rules of 1958’) and not under the Rules of 2021.”

The Court further observed that the counsel for the petitioner had relied upon the case of Hitesh @ Bavko Shivshankar Dave Vs. State of Gujarat: [Writ Petition (Criminal) No.467/2022] wherein the Supreme Court had concluded that the policy of the State on the date of conviction would be the determinative factor and in case the policy is subsequently liberalized, the same would be taken into consideration while dealing with the application for premature release by the authorities.

Accordingly, the Court disposed of the criminal parole writ petition.

Cause Title- Vijay Kumar @ Khusi Lal v. State of Rajasthan & Ors. (Neutral Citation: 2023/RJJD/008342)

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