Case Title: Asha Ram vs. State Of Rajasthan and others
Case No.: D.B. Criminal Writ Petition No. 613/2023
Decided on: 10/07/2023
Coram: HON’BLE MR. JUSTICE VIJAY BISHNOI & HON’BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Facts of the case:
The bench was essentially dealing with the writ plea filed by Asaram challenging the rejection of his application.
Before the HC, the Counsels appearing for Asaram contended that he was convicted and sentenced by the trial court on April 2018 under Sections 370(4), 342, 506, Section 376(2)(D)(F) IPC read with Section 23 of the Juvenile Justice Act, 2000.
In contrast, the Rules of 2021 came into effect on June 30, 2021, and, as such, his application for parole was liable to be considered under the 1958 Parole Rules and not as per the provisions of the Rules of 2021.
On the other hand, the AAG, though opposed his writ petition, however, he could not dispute the position that Asaram’s application for releasing him on 20 days’ parole is liable to be considered as per the provisions of the Rules of 1958 as laid down by the Hon’ble Supreme Court in Hitesh @ Bavko Shivshankar Dave Vs. State of Gujarat 2023 LiveLaw (SC) 72. It may be noted that in Hitesh’s (supra) case, the Apex Court had held that “in determining the entitlement of a convict for premature release, the policy of the State Government on the date of the of the conviction is subsequently liberalised to provide more beneficial terms, those should also be borne in mind.”
Judgement:
The decision taken by the District Parole Advisory Committee, Jodhpur in its meeting dated 20.06.2023, refusing to grant parole of 20 days’ to the petitioner, is hereby set aside and the respondents are directed to consider the application filed by the petitioner for releasing him on 20 days’ parole afresh in accordance with the provisions of the Rules of 1958, instead of the provisions of the Rules of 2021, within a period of six weeks from the date of production of certified copy of this order.
This parole writ petition is disposed of accordingly.
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Written by: Mahima Saini
