Dismissed

Sohan Lal S/O Late Shri Chandaram B/C Saini v. State of Rajasthan

Rajasthan HC15 Nov 2018CRLW/1095/2018

Case brief

AI extract

What is this about?

The court dismissed a writ petition seeking parole for a prisoner to attend the marriage of his daughter's daughter. Ruling under Rule 10A of the Rajasthan Prisoners (Release on Parole) Rules, 1958, the bench held the request ineligible. Only specific close relations like parents, children, brothers, and sisters qualify, absent prior death. Since parents are alive, parole was denied.

What did the court decide?

Petition dismissed; parole not granted for marriage of daughter's daughter. No exceptions in Rule 10A allow this relationship when parents are alive.

Sohan Lal S/O Late Shri Chandaram 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 No. 1095/2018

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Sohan Lal S/o Late Shri Chandaram B/c Saini, R/o Bhata Wali Dhani, Near Keshav Vidhya Peeth, Jamdoli, Police Station Kanota, Distt. Jaipur (Raj.) (At Present Confined In Central Jail Jaipur) Through His Son Ramdayal S/o Shri Sohan Lal B/c Saini, Aged About 30 Years R/o Bhata Wali Dhani, Near Keshav Vidhya Peeth, Jamdoli, Police Station Kanota, Distt. Jaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Inspector General Prison Jaipur.

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The Distt. Collector, Jaipur, Raj.

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The Superintendent Central Jail Jaipur, Raj.

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----Respondents

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For Petitioner(s)	: Mr. Govind Prasad Rawat
For Respondent(s)	: Mr. Pankaj Sisodiya, AGA for
	Mr. B.N. 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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15/11/2018

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This writ petition has been filed to seek parole to attend the marriage of petitioner’s daughter’s daughter.

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We find that Rule 10A of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short “the Rules of 1958) does not permit parole to attend the marriage of petitioner’s daughter’s daughter. The parole can be granted to attend marriage of certain relations given therein. For ready reference Rule 10A of the Rules of 1958 is quoted hereunder:-

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“ 10A. (i) Notwithstanding the provisions of rules

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[3,4,5] 9 and 10, in emergent cases, involving

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(2 of 2)

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[CRLW-1095/2018]

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humanitarian consideration viz. (1) critical condition of account of illness of any close relations i.e. father, mother, wife, husband, children, brother or un-married sister; (2) death of any such close relation; and (3) serious damage to life or property from any natural calamity.

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[(4) Marriage of a Prisoner, his/her son or daughter of his/her brothers/sisters in case his/her parents are not alive.]

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A prisoner [x x x], [may] be released on parole for a period not exceeding 7 days by the Superintendent of the Jail and for a period not exceeding 15 days by the Inspector General of Prisons [District Magistrate] on such terms and conditions as they may, consider necessary to impose for the security for the prisoner including a guarantee for his return to the Jail, acceptance or execution whereof would be a condition precedent to the release of such a prisoner on parole.

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(ii) A copy of the order for release of prisoners on parole shall be endorsed to the next higher authority giving full circumstances under which the parole has been allowed.]

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[In case the next higher authority does not approve the grant of parole, he may ask the authority granting the parole to revoke the same who shall act accordingly.]”

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As per Rule 10A of the Rules of 1958, parole can be given for the marriage of prisoner’s son, daughter, brother and sister, in case parents are not alive. In the instant case, daughter’s daughter does not fall in the relation given under the Rule 10A of the Rules of 1958 and their parents are alive, thus prayer made in the writ petition cannot be accepted. The writ petition is accordingly dismissed.

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(BANWARI LAL SHARMA),J

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(M.N. BHANDARI),J

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MANISH/S-79

Sohan Lal S/O Late Shri Chandaram B/C Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan Lal S/O Late Shri Chandaram B/C Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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