Allowed

Ramavtar v. State Home Departmentors

Rajasthan HC7 Nov 2013CW/18761/2013

Case brief

AI extract

What is this about?

The High Court granted a third regular parole of 40 days to a life convict serving a sentence in Central Jail, Bharatpur. The petition was allowed on the finding of satisfactory jail conduct, despite an adverse police report, while quashing committee recommendations that opposed the parole.

What did the court decide?

Parole of 40 days granted; recommendations of committee quashed; petitioner directed to be released on bond with conditions of surrender and reporting.

Ramavtar Vs State Home Departmentors — Pension and Retirement Benefits | Rajasthan HC (2013)

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In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R

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D.B. Civil Writ Petition (Parole) No.18761/2013

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Date : 07.11.2013

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Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr.Justice J.K. Ranka

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Mr. Govind Prasad Rawat, for petitioner. Mr. G.S. Fauzdar, Addl. Govt. Adv., for respondent.

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The convict-petitioner Ramavtar S/o Jyoti Ram has preferred instant petition u/R 9 of Rajasthan Prisoners Release on Parole Rules,1958 for grant of third regular parole of 40 days.

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As it reveals from the record that the petitioner on being convicted by the learned trial court is serving life sentence in Central Jail, Bharatpur.

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Counsel for petitioner submits that the petitioner being eligible for seeking third regular parole of 40 days submitted application u/R 9 of the Rules,1958, no breach of the conditions of earlier paroles granted to him and further submits that the police report was adverse but there is no material on record in support thereof, however, the social welfare department in its report observed that conduct of the petitioner on earlier two paroles was peaceful and his jail conduct is satisfactory.

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After considering the submissions made by counsel for the parties and the fact that conduct of convict-petitioner in jail is satisfactory which is the pre-condition contemplated u/R 9 of the Rules,1958 and in the facts & circumstances, we consider it appropriate to grant the convict-petitioner the benefit of third regular parole to which he is entitled for under the Scheme of Rules, 1958.

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( 2 )

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Consequently, writ petition stands allowed and recommendations of the committee in its meeting held on 17.09.2013 qua petitioner stands quashed. The Superintendent, Central Jail, Bharatpur is directed to release petitioner (Ramavtar S/o Jyoti Ram) on third parole, if not availed of, for 40 days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.25,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Bharatpur on expiry of 40 days (supra) to be notified by jail authority and shall maintain peace & tranquility during parole period and in addition to it he shall further report during parole on each Sunday at 11 am at concerned police station and that report be furnished to the Superintendent, Central Jail, Bharatpur. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law.

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A copy of this order be sent to the petitioner through jail authority for compliance. No costs.

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(J.K. Ranka),J. (Ajay Rastogi),J.

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VS Shekhawat/-PA/p.2 18761cw13Nov07FnlDsps(D107).sxw Certificate - All corrections have been incorporated in the judgment/ order being emailed/ Vijay Singh Shekhawat/ PAJW

Ramavtar v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

Ramavtar v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

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