Legal Analysis: Daudayal v. State of Rajasthan and Others

Citation: 2026 INSC 599

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Sanjay Karol & Justice Augustine George Masih

Date of Decision: May 29, 2026

Nature of Judgment: Criminal Appeal arising out of SLP (Crl.) No. 5036 of 2025 against the judgment of the Division Bench of the Rajasthan High Court.

Synopsis of the Judgment

The appellant-convict was sentenced to four years rigorous imprisonment for offences under Sections 148, 448, 304 Part II r/w 149 and 323 IPC. His appeal was dismissed in 2021, and he was arrested on 23rd December 2021. After serving over three years, he applied for permanent parole on 3rd December 2023. The application was rejected on the ground that he had not applied for regular parole earlier. The High Court allowed his writ petition on 5th November 2024, directing his release on parole. Despite complying with the conditions (personal bond and sureties), he was not released until 13th November 2024 (after verification of sureties) and then the Division Bench ordered his release on 6th December 2024. The appellant claimed compensation for the 24 days of illegal detention between the Single Judge's order and his actual release. The Supreme Court held that: (i) the State cannot ignore a court order merely because it considers it erroneous or is considering an appeal; (ii) once parole is granted and sureties are furnished, non-release becomes illegal detention; (iii) the appellant is entitled to compensation for violation of Article 21; (iv) Rs. 11,00,000 was awarded as compensation.

1. Basic Information of the Judgment

Case Title: Daudayal v. State of Rajasthan and Others

Citation: 2026 INSC 599

Criminal Appeal No.: Arising out of SLP (Crl.) No. 5036 of 2025

Bench: Justice Sanjay Karol (author) and one other Judge

Date of Decision: May 29, 2026

Court: Supreme Court of India (Criminal Appellate Jurisdiction)

Impugned Order: Order dated 6th December 2024 of the Division Bench of the Rajasthan High Court in D.B. Habeas Corpus Writ Petition No. [not specified].

2. Legal Framework

Major Laws and Provisions Involved

• Constitution of India, 1950 – Article 21 (right to life and personal liberty), Article 32 (writ jurisdiction of Supreme Court), Article 226 (writ jurisdiction of High Courts).

• Indian Penal Code, 1860 – Sections 148, 448, 304 Part II, 149, 323.

• Rajasthan Prisoners Release on Parole Rules, 1958 – Rule 9 (parole period – first parole of 20 days, second of 30 days, third of 40 days, then permanent parole after good conduct and recommendation).

• International Covenant on Civil and Political Rights, 1966 – Article 9(5) (right to compensation for unlawful arrest or detention).

Key Precedents Cited and Applied

• Poonam Lata v. M.L. Wadhawan – Parole is a grant of partial liberty; release on parole does not change the status of the prisoner; it is a reformative process.

• State of Haryana v. Mohinder Singh – Distinction between bail, furlough, and parole; on parole, period of release does not count towards sentence; on furlough, it does.

• Sunil Fulchand Shah v. Union of India – Parole is an administrative action; no statutory provi

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