The Rajasthan High Court has referred three questions concerning the applicability of parole rules to a larger bench for authoritative determination.

The first question is whether parole applications should be considered under the Rajasthan Prisoners (Release on Parole) Rules, 1958, which were in force on the date of conviction, or under the 2021 Rules, which are in force when the application is considered.

The Division Bench of Chief Justice Sanjay K. Agrawal and Justice Sameer Jain has also referred the question of whether granting parole amounts to a temporary suspension of sentence under Section 401 of CrPC )Section 432 of the BNSS).

The third question concerns the effect of the CrPC's repeal and its replacement by the Bharatiya Nagarik Suraksha Sanhita, 2023, on the applicability and operation of the 1958 Rules.

The Court was hearing a batch of petitions filed by prisoners challenging the rejection of their applications for permanent parole. In the lead petition, the prisoner, who is confined in the Open Air Camp at Karauli, had been denied permanent parole by invoking Rule 14(d) of the 1958 Rules.

The Court noted that the State had granted permanent parole to some prisoners despite the applicability of Rule 14(d). It had also invited the Bar to address which set of rules should govern parole applications by prisoners convicted before the 2021 Rules came into force.

In view of the legal questions arising for consideration, the Court referred the matters to a larger bench.