Ramveer Son Of Munshi Lal vs. State Of Rajasthan
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Pankaj Bhandari , Anoop Kumar Dhand
Listed On:
11 Apr 2022
Order Text
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 188/2022
Ramveer Son Of Munshi Lal, Aged About 36 Years, Resident Of Khemra Kala, Police Station Chiksana, District Bharatpur Rajasthan ( Presently Confined In Open Air Camp, Bharatpur ) Through His Brother Jal Singh Son Of Munshi Lal, Aged About 42 Years, Resident Of Khemra Kala, Police Station Chiksana, District Bharatpur Rajasthan
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- State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.
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- The Prisoners Parole Advisory Committee ( State Committee), Through Its Chairman, Director General Of Prisons, Rajasthan.
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- Deputy Inspector General Of Prisons, Jaipur Rajasthan.
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- Superintendent Central Jail, Bharatpur.
----Respondents
| For Petitioner(s) | :<br>Mr. Dheeraj Singhal |
|---|---|
| For Respondent(s) | :<br>Mr. N.S. Gurjar, AGA |
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
11/04/2022
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Petitioner has preferred this writ petition (parole) inter alia with a prayer that the petitioner be released on permanent parole on personal bonds.
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It is contended by counsel for the petitioner that the petitioner was convicted for offence under Sections 364, 302 of IPC. His application for permanent parole was rejected by the authorities vide Annexure-1. It is contended that as per Rules-17 of the Rajasthan Prisoners (Release on Parole) Rules, 2021, the sentence has to be computed and since the petitioner has remained in custody for a period of fifteen years, he is entitled to be released on permanent parole.
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We have considered the contentions.
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Sub-Clause (b) of Clause 2 of Rule 16 of Rajasthan Prisoners (Release on Parole) Rules, 2021 provides the category of prisoners who are not eligible to be released on parole. As per Rule 16 (2)(b), prisoners who are convicted for offence under Sections 326A, 364, 364A, 376B, 376E, 396, 460 of IPC 1860 and Section 376 connected with 302 of IPC 1860 (rape with murder) are not entitled to be released on parole.
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We are of the considered view that the question of computation of question of sentence cannot be gone into and Rule 17 would not apply since there is a specific bar on release of parole for category of prisoners who have been convicted for particular offences as mentioned in Rule 16 (2)(b) of Rajasthan Prisoners (Release on Parole) Rules, 2021.
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Even, otherwise in the present writ petition, the impugned order is not under challenge and there is no prayer for quashing of the impugned order.
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We do not find any illegality in the order dated 23.03.2022, whereby the application for release on parole was rejected. Petitioner is not eligible for parole under the Rajasthan Prisoners (Release on Parole) Rules, 2021.
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Hence, writ petition parole is accordingly, dismissed.
(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J
CHANDAN /31
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