Allowed

Dharm Chand v. State Home Departmentors

Rajasthan HC9 Nov 2011CW/14098/2011

Case brief

AI extract

What is this about?

The High Court allowed a writ petition for parole, directing the Superintendent of Alwar Jail to grant the petitioner a 20-day parole upon furnishing a bond and two sureties, finding no valid reason for denial. Relief granted. (Approx 35 words)

What did the court decide?

Direction to release the petitioner on first regular parole for 20 days upon furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Dharm Chand Vs State Home Departmento… — Constitutional and Fundamental Rights | Rajasthan HC (2011)

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Parole Petition No.14098/2011

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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R D.B. Civil Writ Petition [Parole] No.14098 of 2011.

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Dharm Chand son of Shri Saiya Ram V E R S U S. State of Rajasthana and Others

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Date of Order ::: 09.11.2011.

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Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice S.S. Kothari

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Mr. Satyapal Poshwal, Counsel for Petitioner Mr. J.R. Bijarnia, Govt. Counsel for the State ***

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Per Court :

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Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the reply, which has been furnished by the learned counsel for the State before us, copy of which has been given to the learned counsel for the petitioner.

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This parole petition has been preferred by the petitioner–Dharm Chand on account of the rejection of his application by the Advisory Committee in its meeting held on 14.09.2011 on the ground of adverse Police report.

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We have considered the reply and the record.

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We find that the conduct of the petitioner in jail, as

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per the contents of the nominal roll, Annexure R/1 has been found to be satisfactory.

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Parole Petition No.14098/2011

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The Social Welfare Officer vide its report, Annexure

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R/3 has given a favourable report and has recommended the case of the petitioner for being released on parole.

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The report of the Superintendent of Police, Annexure R/2 does not disclose any specific reason as to why the petitioner should not be given the benefit of parole, more particularly when the petitioner has in the past been released on emergent parole on three occasions and nothing adverse has been reported against the petitioner.

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In the facts and circumstances, we find no reason to deny the right of parole to the petitioner.

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Consequently, we are inclined to accept this writ [parole] petition and direct the Superintendent, District Jail, Alwar to release the petitioner namely, Dharm Chand son of Shri Saiya Ram, aged about 45 years, by caste Jat, resident of Village & Post Ranoth, Police Station Khairthal District Alwar on first regular parole for a period of 20-days, which shall commence from the date of his release, upon furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), along with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, District Jail, Alwar, on usual terms and conditions, as determined by him. The Superintendent, District

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Parole Petition No.14098/2011

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Jail, Alwar shall also fix a date for his surrender before the jail

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authorities.

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The writ [parole] petition stands allowed subject to

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the aforesaid directions.

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(S.S. Kothari ) J. (Dalip Singh) J.

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ashok/

Dharm Chand v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

Dharm Chand v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

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