The High Court of Rajasthan dismissed a petition by a life convict seeking emergent parole under Rule 10A of 1958 to attend his step-daughter's marriage. The court held the request a lame excuse and noted his ineligibility for regular parole.
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D.B. Civil Writ Petition (Parole) No.494/2014 Mubarik Vs. State of Raj. & Anr.
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In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R
D.B. Civil Writ Petition (Parole) No.494/2014 Mubarik Vs. State of Raj. & Anr.
Date : 17.01.2014
Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr. Justice J.K. Ranka
Mr. Govind Prasad Rawat, for petitioner. Mr. G.S. Fauzdar, Addl. Govt. Adv., for respondent.
Instant petition has been filed by the petitioner seeking emergent parole u/R 10-A of the Rules,1958.
The petitioner after regular trial was convicted for offence u/S 302 IPC vide judgment & order dt.23.12.2011 in Sessions Case No.3/2011 and undergoing life sentence. The fact which has been brought to our notice is that the girl of whom marriage the petitioner wants to attend claiming to be her father is in fact daughter of the lady who was murdered by the petitioner for which he was convicted for offence u/S 302 IPC and she is not own daughter of the petitioner but he is claiming that her mother was brought in 'nata' as his wife who might have been murdered by him for which he is facing incarceration but since his daughter's marriage is going to be solemnized & there could be no other elder member except the petitioner, for that purpose he is seeking indulgence of emergent parole u/R 10A of the Rules,1958.
Since in the fact situation where the convict petitioner is seeking emergent parole u/R 10A of the Rules,1958 to attend marriage of his daughter, who is not of his own but the daughter of the lady who was murdered by the petitioner for which he is facing incarceration u/S 302 IPC, in our considered view the
D.B. Civil Writ Petition (Parole) No.494/2014 Mubarik Vs. State of Raj. & Anr. ( 2 )
reason for which the petitioner is seeking emergent parole is nothing but a lame excuse & that apart it is also a fact that he has not so far been eligible to seek regular parole to which a convict is entitled for after completion of period of incarceration as provided under u/R 9 of the Rules,1958.
We do not find any justification to grant indulgence as prayed for seeking emergent parole u/R 10A of the Rules,1958. Consequently, the parole petition stands dismissed.
(J.K. Ranka),J. (Ajay Rastogi),J.
VS Shekhawat/-PA/(S70) Certificate - All corrections have been incorporated in the judgment/ order being emailed/ Vijay Singh Shekhawat/ PAJW
1 issue framed by the court
Whether emergent parole should be granted to a life convict attending a marriage of a girl born to a woman murdered by him.
2 provisions across 2 enactments
Mubarik
State of Raj.
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
