LAWS(RAJ)-2023-3-201

JOSNATH Vs. STATE OF RAJASTHAN

Decided On March 28, 2023
Josnath Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking 30 days parole from the actual date of release. Submissions have been made that petitioner was accorded first 20 days parole and he did not report on the scheduled date. Whereafter, 7 days regular parole was denied to the petitioner, against which petitioner approached this Court by filing DBCRLWP No.153/2020, which was allowed by the Court. Whereafter, again when the petitioner sought 15 days parole, which was rejected, the petitioner approached this Court by filing DBCRLWP No.451/2021, which was allowed on 28/9/2021. Now, again the prayer made for 30 days parole has been rejected, which is not justified. A response to the petition has been filed inter-alia indicating that as the petitioner has been convicted for offence under Sec. 460 IPC, in terms of provisions of Rule 16(2)(b) of Rajasthan Prisoners Release on Parole Rules, 2021 ('Rules of 2021') he is not entitled for parole.

(2.) Further submissions have been made that as the petitioner did not report after completion of the first parole, he is not entitled to the relief as prayed in the petition.

(3.) Learned counsel for the petitioner made submissions that once the petitioner was accorded parole by this Court for seven days and fifteen days in DBCRLWP No.153/2020 & 451/2021 respectively, the denial of the parole by the respondents now is not justified.