Allowed

Radheyshyam Bhumliya S/O Shri Banshilal B/C Harijan v. State of Rajasthan

Rajasthan HC18 Dec 2018CRLW/1149/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted emergent parole for fifteen days to the petitioner-prisoner, whose wife required surgery and had no caretaker. No reasons were provided for denial by the authorities, prompting a broad release order.

What did the court decide?

Parole granted for fifteen days; release directed upon furnishing personal bond of Rs.50,000 and one surety.

Radheyshyam Bhumliya S/O Shri Banshilal B/C Harijan… — Service and Employment | 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. 1149/2018

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Radheyshyam Bhumliya S/o Shri Banshilal B/c Harijan, R/o Harijan Basti, Bhata Pada, Rampura, P.s. Kotwali, Kota At Present Open Jail Sivir Sanganer, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Home Secretary, Govt. Of Raj. Secretariat, Jaipur.

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Distt. Collector Cum Distt. Magistrate, Kota., Raj.

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Superintendent Central Jail Jaipur, Raj.

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----Respondents

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For Petitioner(s) : Mr.Mamraj Jat for Mr.Mahaveer Kalwa For Respondent(s) : Ms.Sonia Shandilya, Additional Government Advocate

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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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18/12/2018

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This petition has been filed to seek emergent parole under Rule 9 of the Rajasthan Prisoners (Released on Parole) Rules, 1958 (for short “the Rules of 1958”).

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It is for the reason that petitioner’s wife has to undergo a surgery and no-one is there to look after her. A prayer is accordingly made to grant parole for a period of fifteen days. The petitioner has otherwise availed three regular paroles and reported to the jail authorities within time. He is otherwise in open jail.

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(2 of 2)

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[CRLW-1149/2018]

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Learned Additional Government Advocate Ms.Sonia Shandilya has contested the petition but could not give reasons to deny the parole.

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In view of the above, this criminal writ petition is allowed. The petitioner is granted parole for a period of fifteen days.

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The Superintendent, Central Jail, Jaipur is directed to release the petitioner, namely, Mr.Radheyshyam Bhumliya s/o Shri Banshilal on parole for a period of fifteen days from the date of his release on furnishing his personal bond of Rs.50,000/- (Rs.Fifty Thousand Only) and one surety in the like amount to the satisfaction of the Superintendent, Central Jail, Jaipur with the stipulation that he shall surrender himself and return back to the Central Jail, Jaipur. He shall maintain peace & tranquility during the period of 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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(ASHOK KUMAR GAUR),J

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(M.N. BHANDARI),J

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Preeti/4

Radheyshyam Bhumliya S/O Shri Banshilal B/C Harijan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Radheyshyam Bhumliya S/O Shri Banshilal B/C Harijan 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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