RADHESHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner aggrieved of the non-consideration of his case for being released on third parole of forty days.

(2.) A response has been filed by the State, inter-alia, indicating that as the petitioner has been convicted and sentenced for offence under Sec. 460 IPC, which is restricted as per Rule 16 (2) (b) of the Parole Rules, 2021, he is not entitled for grant of parole.

(3.) Learned counsel for the petitioner while referring to judgment in Laxman Singh vs. State of Rajasthan & Ors. : D.B. Criminal Writ Petition No.180/2022 decided on 27/3/2023 made submissions that the case of the petitioner is required to be considered under the Rules of 1958 and rejection of his application under the Rules of 2021 is not justified, as the conviction of the petitioner took place prior to coming into force of the Rules of 2021.