Allowed

Balveer @ Balli S/O Hoti Lal B/C Meena v. State of Rajasthan

Rajasthan HC16 Nov 2018CRLW/1059/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ petition seeking first regular parole of twenty days. The court held that the denial was improper as the adverse police report was based merely on apprehension regarding a rape and murder case.

What did the court decide?

Petitioner to be released on first regular parole for 20 days on furnishing personal bond of Rs. 50,000 and one surety in like amount.

Balveer @ Balli S/O Hoti Lal B/C Meena Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ No. 1059/2018

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Balveer @ Balli S/o Hoti Lal B/c Meena, Aged About 38 Years, R/o Village Badoyobas, Police Station Mandawar, Tehsil Mahwa, District Dausa (Presently Confined In Central Jail, Bharatpur), Through His Younger Brother Ramkesh Meena S/o Hoti Lal, B/c Meena, Aged About 31 Years, R/o Village Badoyobas, Police Station Mandawar, Tehsil Mahwa, District Dausa, Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

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District Magistrate, Dausa.

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Superintendent Central Jail, Bharatpur.

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----Respondents

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For Petitioner(s) : Mr.Dheeraj Singhal For Respondent(s) : Mr.Pankaj Sisodia, Assistant Government Advocate for Mr.BN Sandu, AAG

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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16/11/2018

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This writ petition has been filed to seek first regular parole for twenty days under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short “the Rules of 1958”) .

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The petitioner has already served 1/4th sentence, as he is behind bars for last more than five years. The parole has been recommended by Superintendent of Jail so as the Social Welfare Officer Jail but there is an adverse police report by the

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(2 of 2)

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[CRLW-1059/2018]

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Superintendent of Police, Dausa.

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We find no ground to deny first regular parole as the adverse police report is based on apprehension only. The cause of incidence was not out of land dispute but rape and murder thereupon, thus denial of parole by the District Parole Advisory Committee cannot be said to be proper.

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In view of the above, we accept the prayer made in the writ petition for granting first regular parole of twenty days. Accordingly, the writ petition is allowed.

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The Superintendent, Central Jail, Bharatpur is directed to release the petitioner, namely, Mr.Balveer @ Balli s/o Shri Hoti Lal on first parole for a period of 20 days from the date of his release on furnishing his personal bond of Rs. 50,000/- and one surety in the like amount to the satisfaction of the Superintendent, Central Jail, Bharatpur with the stipulation that he shall surrender himself and return back to the Central Jail, Bharatpur. He shall maintain peace & tranquility during the period of first parole which will include journey period also. In case, he fails to surrender on the stipulated date, the jail authority shall proceed in accordance with law.

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(BANWARI LAL SHARMA),J

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Preeti/70

Balveer @ Balli S/O Hoti Lal B/C Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balveer @ Balli S/O Hoti Lal B/C Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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