Allowed

Kallu v. State Home Departmentors

Rajasthan HC6 Nov 2013CW/18774/2013

Case brief

AI extract

What is this about?

Court granted second regular parole of 30 days to a convict-petitioner serving a life sentence for murder based on satisfactory jail conduct and satisfaction regarding prior parole conditions, quashing the parole committee's adverse recommendations.

What did the court decide?

Petitioner granted second regular parole of 30 days from Central Jail, Bharatpur, with conditions of bond, surety, and weekly reporting; parole committee recommendations quashed.

Kallu 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.18774/2013

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Date : 06.11.2013

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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 Kallu S/o Sabbey @ Sahab Singh has preferred instant petition u/R 9 of Rajasthan Prisoners Release on Parole Rules,1958 for grant of second regular parole of 30 days.

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The petitioner on being convicted for offence u/S 302 IPC in Sessions Case No.45/2007 by Additional Sessions Judge (Fast Track), No.2, Dholpur vide judgment dt.21.06.2008, is serving life sentence.

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Counsel for petitioner submits that the petitioner being eligible for seeking second regular parole of 30 days submitted application u/R 9 of the Rules,1958 and never violated the conditions of earlier parole granted to him and further submits that the police report & so also of the social welfare department was adverse but there is no material on record in support thereof, however, jail conduct of the petitioner 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 second regular parole to which he is entitled for under the Scheme of

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Rules, 1958.

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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 (Kallu S/o Sabbey @ Sahab Singh) on second parole, if not availed of, for 30 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 30 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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VS Shekhawat/-PA/p.2 18774cw13Nov01FnlDsps(D35).sxw Certificate - All corrections have been incorporated in the judgment/ order being emailed/ Vijay Singh Shekhawat/ PAJW

Kallu v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

Kallu v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

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