The High Court of Rajasthan directed the Jail Superintendent to grant the petitioner, serving a life term for Section 302 IPC, a first parole for 20 days upon a bail of Rs. 50,000 and specific conditions.
Parole granted for 20 days on bail of Rs. 50,000 with conditions to surrender back to Central Jail, Ajmer.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Writ No. 1040/2018
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Aziz S/o Jalaluddin, Aged About 25 Years, R/o Nagabad, Police Station Lahrighat, D'istrict Morigaon Assam, At Present H.no.522, Pahadganj, Molasar Bawadi, Ajmer, Raj. (At Present Confined In Central Jail, Ajmer), Through His Cousin Brother Meharajul S/o Aisuddin, 35417, ~ani Ki Tanki Ke Pass, Pahadganj, Ajmer, Raj.
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----Respondents
For Petitioner(s) r. Vinay Pal Yadav For Respondent(s)
HON'BLE MR. JU ATH BHANDARI HONrBLE M t LAL SHARMA 3"- % *w '".x 13/11/2018 t *A <4 k
This petition has been filed to seek first parole as the petitioner has already served one-third sentence awarded to him. The application for parole was considered by the Committee but it did not recommend for parole.
The petitioner is said to have committed offence under Section 302 IPC wherein a habitual offender died. The petitioner's brother was also made accused and'convicted. His sentence has /
been suspended. He is residing. at the same place along with his mother. In view of the above, finding of the Committee that the petitioner is not a permanent resident of the area and he may abscond, is without any basis.
Learned Additional Advocate ~eneral' Mr. BN Sandu submits that petitioner is not a permanent resident of the area concerned and, otherwise, looking to the incident, parole may not be
petitioner's brother has not absconded. inclined to accept th
n of sentence and he aforesaid, we are
Accordingly, the The Superintendent of Central Jail, Ajmer is dir e petitioner namely Aziz S/o Jalaluddin on fi of 20 days from the date of his release on ond in the sum of Rs.50,000/with on same amount to the satisfaction of the ill Ajmer with the Fcwiv; stipulation that he shall aerrf,neigr and return back to the Central Jail, Ajmer on completion of the period of parole. He shall maintain peace and tranquility during the period of parole which will include journey period also. In case he fails to surrender on sti.pulated date, the jail authorities shall proceed in accordance with law.
(BANWARI LAL SHARMA),J
(M. N. BHAN DARI),J
MohitR23
2 issues framed by the court
Whether to grant first parole to the petitioner who has served one-third of his sentence.
Whether the petitioner should be remanded to custody if he fails to comply with parole conditions.
Aziz S/o Jalaluddin
State of Rajasthan
B. K. BHANDARI
BANWARI LAL SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
