Allowed

Banti @ Irphan Ali S/O Shri Kurban Ali B/C Musalman v. State of Rajasthan

Rajasthan HC12 Oct 2018CRLW/1019/2018

Case brief

AI extract

What is this about?

A D.B. Criminal Writ Petition filed by a prisoner seeking first parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958. The court directed the release of the petitioner for 20 days subject to furnishing a personal bond and a surety.

What did the court decide?

Total release of the petitioner on first parole for a period of 20 days from the date of release, upon furnishing a personal bond of Rs. 50,000 and one surety.

Banti @ Irphan Ali S/O Shri Kurban Ali B/C… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition(Parole) No. 1019/2018

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Banti @ Irphan Ali S/o Shri Kurban Ali B/c Musalman, R/o Near Neelgaro Ki Masjid, Kanwas, Police Station Kanwas, District Kota, Raj. (At Present Confined In Central Jail, Kota), Through His Father Kurban Ali S/o Late Shri Ismail Khan B/c Musalman, Aged About 63 Years, R/o Kanwas, Police Station Kanwas, Tehsil Kanwas, District Kota, Raj.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Inspector General, Prison, Jaipur.

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The District Parole Advisory Committee, Through The District Magistrate, Kota.

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The Superintendent, Central Jail, Kota.

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----Respondents

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For Petitioner(s)	: Mr. Govind Prasad Rawat
For Respondent(s)	: Mr. B. N. Sandu, AAG

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Judgment

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12/10/2018

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This writ petition has been filed to seek first parole for a period of 20 days under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short “the Rules of 1958”). In fact, the parole has been recommended by the Advisory Board but it has been allowed after Deepawali i.e. 7th November, 2018. It is with the further condition that parole would be after the parole of Kalam S/o Hussain and Bunti @ Irfan S/o Kurban Ali showing them to be brothers, whereas, they are not brothers of the petitioner.

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(2 of 2)

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[CRLW-1019/2018]

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Learned Additional Advocate General submits that benefit of parole has been granted to the petitioner though it has been allowed after 7th November, 2018 for the reasons given in the order thus it may be maintained.

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After hearing learned counsel for the parties, we are of the opinion that Advisory Board recommended for parole but no reason remains to allow it after 7th November, 2018, thus we are inclined to extend the benefit of first parole for a period of 20 days.

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Accordingly, we allow this writ petition and direct the Superintendent, Central Jail, Kota to release the petitioner namely, Banti @ Irphan Ali S/o Shri Kurban Ali on first parole for a period of 20 days, which shall commence from the date of his release, upon furnishing his personal bond of Rs.50,000/- and one surety in the like amount to the satisfaction of the Superintendent, Central Jail, Kota with the stipulation that he shall surrender himself and return back to the Central Jail, Kota. He shall maintain peace and tranquillity during the period of parole which will include journey period also. In case, he fails to surrender on the stipulated day, the jail authority shall proceed in accordance with law.

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(ASHOK KUMAR GAUR),J

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(M. N.BHANDARI),J

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Monika/Gourav/80

Banti @ Irphan Ali S/O Shri Kurban Ali B/C Musalman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Banti @ Irphan Ali S/O Shri Kurban Ali B/C Musalman v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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