Allowed

Smt Mithu Devi v. State of Rajasthan

Rajasthan HC11 Apr 2019CRLW/132/2019

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AI extract

What is this about?

The High Court allowed a writ petition seeking first parole for the husband, Sanwar Ram, a convict husband of the petitioner. The Court granted the benefit of first parole for 20 days under the Rajasthan Prisoner Release on Parole Rules, 1958, subject to furnishing a personal bond and sureties.

What did the court decide?

Granting of first parole for 20 days to the convict-prisoner Sanwar Ram.

Smt Mithu Devi Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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D.B. Criminal Writ Petition No. 132/2019

Smt Mithu Devi

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. K.R. Bhati For Respondent(s) : Mr.Abhishek Purohit for Mr. Farzand Ali GA-cum-AAG

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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11/04/2019

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The petitioner is wife of the convict Sanwar Ram @ Sawraram S/o Madan Lal presently lodged at the Central Jail, Ajmer, who has been denied the benefit of first parole vide recommendations dated 27.12.2018.

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A perusal of the recommendations indicates that the Superintendent of Police, Nagaur forwarded a report in which, there was an opinion of the Circle Officer, Nagaur that the convict’s brother Birma Ram had availed 20 days’ first parole and during this parole period victim party had filed a complaint regarding threat to their life and limb. However, it is an undisputed fact that the convict herein was on bail during the course of trial and there is no allegation whatsoever that he misused the liberty so granted to him.

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[CRLW-132/2019]

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(2 of 2)

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Having regard to the facts and circumstances of the case, we are inclined to grant the benefit of first parole to convictSanwar Ram @ Sawraram.

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Accordingly, the writ petition is allowed. While striking down the impugned recommendations dated 27.12.2018 qua the convict-prisoner, we hereby direct the that convict-prisoner shall be released on first parole for a period of 20 days as per the provisions of the Rajasthan Prisoner Release on Parole Rules, 1958 subject to furnishing a personal bond in a sum of Rs.50,000/along with two sureties of Rs.25,000/- each (out of which one of the surety will be of close family member) to the satisfaction of the Superintendent, Central Jail, Ajmer. The Superintendent, Central Jail, Ajmer shall be at liberty to impose other adequate conditions to ensure return of the convict-prisoner to the State Custody after availing the parole. His term of parole shall be computed from the date of his actual release.

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(VINIT KUMAR MATHUR),J

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(SANDEEP MEHTA),J

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14-Mamta/-

Smt Mithu Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt Mithu Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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