The Rajasthan High Court in the case Vijay Kumar @ Khusi Lal v. State Rajasthan & Ors observed and has directed the State for considering the parole application of a prisoner under the Rajasthan Prisoners Release on Parole Rules, 1958 (Old Rules) on the ground that the prisoners was convicted prior to the implementation of the Rajasthan Prisoners Release on
Parole Rules, 2021.
The division bench comprising of Justice Vijay Bishnoi and Justice Rajendra Prakash Soni in the case observed wherein the court noticed that in the case of Hitesh @ Bavko Shivshankar Dave v. State of Gujarat, wherein the Hon’ble Supreme Court concluded in a writ plea filed that the policy of the State on the date of conviction would be the determinative factor and in case the policy is subsequently liberalized, the said court is to take into consideration while dealing with the application for premature release by the Authorities.
The present writ plea is filed by the petitioner wherein aggrieved with the action of the respondents for not considering the petitioner’s application for releasing him on 40 days regular parole.
Further, it has been contended by the State that the petitioner was being convicted for the offences punishable under Section 120 B, Section 396, Section 302, Section 323, Section 324, Section 395 of Indian Penal Code, 1860 and has sentenced for life imprisonment by Sessions Court, Bikaner vide judgment dated 30.08.2017.
It has also been contended by the State that as per section 396 or section 120B of the Indian Penal Code, 1860 is prohibited section and as per the under Rule 16 (2) (b) of Rajasthan Prisoners Release on Parole Rules, 2021 (Rules of 2021), thus, the petitioner in the case is not eligible for grant of parole as he was convicted under the aforesaid provision.
The counsel appearing for the petitioner submitted before the court that the Rules of 2021 came into force on 30.06.2021, wherein the court convicted the petitioner on 30.08.2017. The court is to consider the application for the release of petitioner on 40 days parole which is required to be considered under the Rajasthan Prisoners Release on Parole Rules, 1958 (the Rules of 1958) and not under the Rules of 2021.
The court also relied in the case Hitesh @ Bavko Shivshankar Dave v. State of Gujarat, wherein the Supreme Court directed that the State to consider and decide the application filed by the petitioner for releasing him on 40 days parole in accordance with the rules of 1958 as the same being within a period one month.