Petitioner sought interim parole for a religious "Mayra" ceremony. Court held petitioner's conduct satisfactory and presence imperative. Granted parole despite general rule limitations.
Release on interim parole for seven days with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writ Petition No. 222/2019
Suresh S/o Bhanwar Lal, Aged about 34 Years, B/c Jat, At Present Lodged in Central Jail Ajmer through Maternal Nephew Surender Chharang S/o Tejaram, Aged About 22 Years, B/c Jat, R/o Opp. Shiv Mandir, Hanuman Bagh , Distt. Nagaur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati. For Respondent(s) : Mr. S.S. Rajpurohit, PP.
JUSTICE DINESH MEHTA
(VACATION JUDGE)
Order
03/06/2019
Mr. Kaluram Bhati, learned counsel appearing for the petitioner, while praying for releasing the petitioner on interim parole, submits that petitioner’s nephew (sister’s son) is getting married on 12.06.2019 and his presence is required for performing ceremony of “ Mayra ”.
Learned Public Prosecutor submits that though petitioner’s conduct is satisfactory; but the petitioner cannot be released as there is no provision under Rule 10-A of the Rajasthan Prisoners Release on Parole Rules, 1958, to release a convict on interim parole, except on the ground of illness and death.
(2 of 2)
[CRLW-222/2019]
Having considered the submissions made by the learned counsel for the parties, and keeping in view that petitioner’s presence is imperative for performing ceremony of “ Mayra ”, coupled with the fact that petitioner’s conduct has been satisfactory, this Court deems it expedient to release the petitioner on interim parole for a period of seven days from the date of his release.
The petition is, accordingly, allowed. The petitioner is directed to be released on interim parole for a period of seven days from the date of his release, on his furnishing personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Superintendent, Central Jail, Ajmer. The petitioner shall surrender before the Superintendent of Central Jail, Ajmer on before 16.06.2019.
(DINESH MEHTA ),VJ
63-DJ/-
1 issue framed by the court
Whether a prisoner can be released on interim parole for a religious ceremony despite the absence of specific provision for interim parole except for illness or death.
1 provisions across 1 enactments
Suresh
State of Rajasthan
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
