The High Court allowed a miscellaneous application seeking clerical correction in an earlier parole order, fixing incorrect details regarding the jail and superintendent.
Correction of order dated 11.12.2014 to specify District Jail, Alwar and Superintendent there.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.B. CIVIL MISC. APPLICATION NO. 103/2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
ORDER
S.B. CIVIL MISC. APPLICATION NO. 103/2015 IN S.B. CIVIL WRIT PETITION(PAROLE) NO. 10696/2014
SURESH @ SUSYA VS. STATE OF RAJASTHAN & OTHERS.
DATE OF ORDER : 12.03.2015
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Mr. Manish Gupta, for the petitioner-applicant.
BY THE COURT:
This misc. application has been filed by the convictapplicant seeking correction in order dated 11.12.2014 passed by this Court in S.B. Civil Writ Petition(Parole) No. 10696/2014.
It is contending that while allowing aforesaid parole writ petition filed by the applicant on 11.12.2014, in last paragraph of the order, it has wrongly been mentioned that the applicant-petitioner be released from Central Jail, Jaipur whereas the fact is that the applicant-petitioner is confined in District Jail, Alwar. Further, in last paragraph, Respondent No. 3, the Superintendent, District Jail, Dausa, has also wrongly been mentioned whereas it should have been 'the Superintendent, District Jail, Alwar'. It is, therefore, prayed by the applicant that order dated 11.12.2014 passed by this Court in the aforesaid parole writ petition be corrected accordingly.
Having heard learned counsel for the applicant-petitioner and perused the order dated 11.12.2014 as well as material on record, this application is allowed. Last paragraph of the order dated
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S.B. CIVIL MISC. APPLICATION NO. 103/2015
11.12.2014 passed by this Court in S.B. Civil Writ Petition(Parole) No.
10696/2014 stands substituted by the following paragraph:
“In the result, writ petition is allowed. Petitioner detenue Suresh @ Susya S/o Shri Ramjilal shall be released on parole from the District Jail, Alwar for a period of twenty days from the date of his release upon his furnishing a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the Superintendent, District Jail, Alwar, with the stipulation that he shall surrender before the jail authorities immediately after expiry of period of twenty days. In case, detenue Suresh @ Susya S/o. Shri Ramjilal fails to surrender immediately after expiry of stipulated period of twenty days, the jail authorities shall immediately inform the concerned Magistrate for procuring his arrest. Suresh @ Susya to maintain a good conduct and be of good behaviour during the period of parole and shall report to the nearest police station everyday. It will be open for the concerning Jail Superintendent to put any other condition, as per Rules, to secure presence of petitioner.”
This order shall form part of order dated 11.12.2014 passed in S.B. Civil Writ Petition(Parole) No. 10696/2014.
(MOHAMMAD RAFIQ),J.
Manoj, S.NO.29.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” MANOJ NARWANI Personal Assistant.
1 issue framed by the court
Whether to correct clerical errors in the order granting parole regarding the correct jail name and superintendent.
SURESH @ SUSYA
STATE OF RAJASTHAN & OTHERS
MOHAMMAD RAFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
