Allowed

Pawanpuri v. State of Rajasthan

Rajasthan HC18 Jan 2023CRLW/374/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur allowed a D.B. Criminal Writ Petition regarding a parole application rejected by the District Parole Advisory Committee. The Court held that the petitioner, imprisoned for 20 years without parole, should be granted first parole as a condition for applying for permanent parole, treating it as an exceptional case.

What did the court decide?

Petitioner is directed to be released on first parole of 20 days on furnishing a personal bond of Rs.2,00,000/- along with two sound and solvent verified sureties of Rs.1,00,000/- each.

Pawanpuri Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 374/2022

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Pawanpuri W/o Puranpuri Goswami, Aged About 36 Years, R/o Kumharo Ka Bhata, P.S. Bhupalpura, Udaipur, Present R/o Daal Choraha, TV Tower Ke Picche, Lapaka Road Salumber, Distt. Udaipur through his mother Basanti Devi W/o Narayan Puri, Aged 56 Years, R/o 96, Hiran Magri Sector 11, Girva, Udaipur, Distt. Udaipur.

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----Petitioner

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Versus

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State of Rajasthan, through Home Deptt., Jaipur.

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Director General (Jail), Jaipur.

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The District Collector, Udaipur.

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The Superintendent, Central Jail, Udaipur

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----Respondents

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For Petitioner(s) : Ms. Laxmi Devi For Respondent(s) : Mr. Anil Joshi, GA cum AAG assisted by Mr. Pallav Sharma

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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18/01/2023

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This parole petition is filed by the petitioner being aggrieved with the decision of the District Parole Advisory Committee, Udaipur (for short ‘the Committee’) dated 10.08.2022, whereby his application for releasing him on 20 days’ first parole has been rejected. The Committee has rejected application of the petitioner on the ground that his conduct during stay in jail is not satisfactory and earlier, he was absconded from the police custody. The Committee has further observed that on account of a recent

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(2 of 3)

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[CRLW-374/2022]

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incident happened in Udaipur, it is not advisable to release the petitioner on parole.

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Learned counsel for the petitioner has argued that the petitioner is in jail from almost 20 years as on date and he has not been granted single parole during his stay in jail. Learned counsel for the petitioner while inviting attention of this Court towards the report of the Social Justice and Empowerment Department, has argued that from this report it is clear that the victim could not be contacted and neighbours have not expressed any opinion against the petitioner. It is also submitted that though, earlier the petitioner was absconded way back in the year 2006 and 2008, however, he is in jail thereafter. It is further submitted by learned counsel for the petitioner that until and unless the petitioner avails at least one parole, he cannot even apply for permanent parole as per the Rules.

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Heard learned counsel for the parties.

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It is true that the petitioner was absconded from the police custody in the year 2006 and 2008 and his conduct in jail is also not satisfactory, but we cannot ignore the fact that he is in jail from last 20 years and he has not been released on parole for a single time and for the purpose of availing benefits of permanent parole, the convict is required to avail at least one parole.

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Keeping in view the overall facts and circumstances of the case, this parole petition is allowed as an exceptional case and the Superintendent, Central Jail, Udaipur is directed to release the petitioner on first parole of 20 days on his furnishing a personal bond of Rs.2,00,000/- along with two sound and solvent verified sureties of Rs.1,00,000/- each.

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(3 of 3)

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[CRLW-374/2022]

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The petitioner shall surrender before the concerned jail authorities after availing 20 days’ parole from the date of his actual release.

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(PRAVEER BHATNAGAR),J

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(VIJAY BISHNOI),J

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25-DeeptaArora-Mohit/-

Pawanpuri v. State of Rajasthan

Case brief

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Pawanpuri v. State of Rajasthan

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