Allowed

Bheru Das v. State

Rajasthan HC25 Aug 2022CRLW/86/2022

Case brief

AI extract

What is this about?

Held that the petitioner's second parole application, filed in June 2021, cannot be decided under the 2021 Rules which came into force later. The application must be considered under the 1958 Rules applicable at the time of filing. The impugned rejection order was quashed and parole granted.

What did the court decide?

Impugned order of 28.07.2021 set aside; convict released on second parole for 30 days upon furnishing bond and sureties.

Bheru Das Vs State — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Writ Petition No. 86/2022

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Bheru Das S/o Sh. Bhanwar Das, Aged About 25 Years, B/c Vaishnav, At Present Lodged In Central Jail, Udaipur, Through His Mother Manju Bai W/o Bhanwar Das, Aged About 50 R/o Village Thuravard P.s. Charbhuja, Dist. Rajsamand,

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----Petitioner

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Versus

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State, Dept. Of Home, Jaipur.

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The District Collector, Rajsamand.

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The Superintendent, Central Jail, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Mahesh Mehra, for Mr. Kalu Ram Bhati For Respondent(s) : Mr. S.K. Bhati, PP

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JUSTICE DINESH MEHTA Order

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25/08/2022

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By way of petition in hand, the petitioner has challenged the decision of the Parole Advisory Committee, that was taken in its meeting dated 28.07.2021, whereby petitioner’s application for second parole was rejected in light of the Rajasthan Prisoners Release on Parole Rules, 2021 (hereinafter referred to as ‘the Rules of 2021’).

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Learned counsel for the petitioner argued that petitioner’s application for the second parole was filed on 06.06.2021, on which date, the Rules of 2021 had not come into force, hence, the Parole Advisory Committee was not justified in rejecting petitioner’s application for second parole.

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While arguing that petitioner’s application was required to be considered under the earlier Rules, namely, Rajasthan Prisoners Release on Parole Rules, 1958, learned counsel for the petitioner relied upon the order dated 10.02.2022, passed by a Division

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(2 of 2)

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[CRLW-86/2022]

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Bench of this Court in D.B. Criminal Writ Petition No.3/2022 (Arjun Singh Vs. State & Ors.) and submitted that case of a prisoner is required to be considered as per the law prevailing on the date of submitting the application for parole.

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Learned Public Prosecutor, opposing the parole, argued that petitioner has been convicted for the offence under POCSO Act and thus not entitled for parole as per Rule 16(2)(a) of the Rules of 2021.

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Having considered the submissions and considering the order dated 10.02.2022, this Court is of the considered view that the petitioner’s application has wrongly been rejected. The petitioner’s application, which was filed on 06.06.2021, cannot be decided in light of the Rules of 2021, which have come into force on 29.06.2021.

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Present petition is, therefore, allowed.

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The impugned order dated 28.07.2021 is hereby quashed and set aside and it is directed that convict-petitioner Bheru Das S/o Shri Bhanwar Das be released on second parole of 30 days upon his furnishing a personal bond in the sum of ₹50,000/- with two sound and solvent sureties of ₹25,000/- each to the satisfaction of Superintendent, Central Jail, Udaipur on the usual terms and conditions.

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The Superintendent, Central Jail, Udaipur 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 period of parole shall commence from the date of his release on parole.

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(DINESH MEHTA),J

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244-Arvind/-

Bheru Das v. State

Case brief

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Bheru Das v. State

Case brief

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