Bhimnath vs State Of Rajasthan And Others

This criminal writ petition is filed on behalf of the convict-prisoner challenging the decision of the District Parole Advisory Committee, Barmer in its meeting dated 27.10.2022, where by the application of the petitioner for releasing him on 40 days’ regular parole has been rejected on the ground that as per the provisions of Rule 16(2)(b) of the Rajasthan Prisoners Release on Parole Rules, 2021 (for short “the Rules of 2021”), the petitioner is convicted and sentenced for the offence under Section 460 IPC and the same is declared as prohibited offence under the Rules of 2021.

From the averments made in the petition as well as reply of the State, it is clear that the petitioner was convicted and sentenced for five years of imprisonment for the offence under Section 460 IPC.

Learned AAG has frankly admitted that at present the petitioner has served around eight years of sentence till date.

This Court in Hadmant Singh @ Hadmata Vs. State of Rajasthan (D.B. Criminal Writ Petition No.264/2022) decided on 22.07.2022 has held that if a convict prisoner has already served out the total imprisonment for a prohibited offence, then, there is no impedement for releasing him on parole even with the reference to Rules of 2021.

In view of the law laid down by a Co-ordinate Bench of this Court in Hadmant Singh’s case (supra), we allow this parole writ petition and the decision of the District Parole Advisory Committee, Barmer dated 27.10.2022 rejecting the application filed by the petitioner for releasing him on 40 days’ regular parole is set aside.

The jail authorities concerned are directed to release the petitioner on 40 days’ regular parole on his furnishing a personal bond of Rs.50,000/- along with two sureties of likewise amount.

The convict-prisoner shall surrender before the concerned jail authorities after availing 40 days’ regular parole from the date of his actual release.