Dismissed¶¶22

Kapil @ Anna S/O Govind Raja v. State of Rajasthan

Rajasthan HC6 Jan 2025CRLW/1950/2024

Case brief

AI extract

What is this about?

Parole denial writ, Central Jail Kota inmate Kapil @ Anna; Rule 18, Rajasthan Prisoners Release on Parole Rules 1958; prisoner who jumped parole not entitled as of right; satisfaction of Superintendent of Jail required; earlier jumped first parole; offence of firing at police party; 15 cases registered, witness threat; adverse Social Welfare Department report; SP inputs to Parole Advisory Committee; parole application rejection upheld; writ dismissed.

What did the court decide?

As per Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958, a person who has jumped the parole is not entitled as of right to parole, unless the Superintendent of Jail is fully satisfied that he will not commit any breach of condition in future. ¶¶21

Kapil @ Anna S/O Govind Raja Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

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[2025:RJ-JP:540-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition (Parole) No. 1950/2024

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Kapil @ Anna S/o Govind Raja, Aged About 35 Years, R/o Govind Nagar Near Pani Ki Tanki, Police Station Udyog Nagar, District Kota (Raj.). (At Present In Central Jail, Kota) through His Nephew Dinesh S/o Kalyan, Aged About 29 Years, R/o Karni Nagar, Nanta, Police Station Nanta, District Kota (Raj.).

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----Petitioner

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Versus

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State of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.).

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The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Kota.

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Superintendent Central Jail, Kota.

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----Respondents

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For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG along with Mr. Aman Kumar, AAAG

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order

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06/01/2025

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Petitioner through his nephew has filed this Criminal Writ Petition seeking parole for a period of seven days under Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958 (herein after referred to as the ‘Rules of 1958’).

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It is contended by counsel appearing for the petitioner that petitioner is entitled to release on parole of seven days, if his behavior in the jail is satisfactory. It is also contended that as per the report submitted by the Jail Authorities, petitioner’s behavior in the jail was satisfactory for last two years.

[2025:RJ-JP:540-DB]

[CRLW-1950/2024]

(2 of 2)

Learned GA-cum-AAG has vehemently opposed the present Criminal Writ Petition (Parole). It is contended that while petitioner was on first parole, he jumped the parole and thereafter, he was involved in an offence wherein petitioner fired at the police party. It is also contended that as many as 15 cases have been registered so far as against the petitioner and some cases are still pending and there is threat to the witnesses and there was no material before the Superintendent of Jail to come to the conclusion that while on parole, petitioner will not commit any breach of condition.

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We have considered the contentions. 5. The report of the Social Welfare Department is against the petitioner. The Superintendent of Police has also brought to the notice of the Parole Advisory Committee the breach of condition to parole and the factum of involvement in a criminal offence, wherein petitioner fired at police party.

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We are of the considered view that as per Rule 18 of the Rules of 1958, a person who has jumped the parole, is not entitled as of right to parole, unless the Superintendent of Jail fully satisfied that he will not commit any breach of condition in future. 7. Since petitioner not only breached the condition of parole, but also got involved in criminal offence, wherein he has fired at the police party, we do not find any error in the order impugned, whereby his parole application has been rejected.

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Consequently, the present Criminal Writ Petition (Parole) is dismissed.

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(SHUBHA MEHTA),J AMIT/20

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(PANKAJ BHANDARI),J

Kapil @ Anna S/O Govind Raja v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kapil @ Anna S/O Govind Raja v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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