Gautam v. State
Case brief
What is this about?
The High Court allowed a writ petition for release on first parole. It quashed the Parole Committee's order rejecting the application due to adverse police reports, finding the report unfounded. The petitioner was granted 20 days parole subject to bond and surety conditions.
What did the court decide?
Release on first parole for 20 days, furnishing two sureties of Rs. 25,000 each and a personal bond of Rs. 50,000.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writ Petition No. 429/2019
Gautam, S/o Shri Mohanram, By Caste Meghwal, R/o Budawada, Police Thana Balotra, District Barmer (Raj.). (Lodged In Central Jail Jodhpur).
----Petitioner
Versus
- State, Through Secretary, Home, Jaipur
- Collector, Barmer.
- Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : By Post For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
Issues for consideration
2 issues framed by the court
Whether the petitioner, having served a portion of his sentence and lacking ineligibility under applicable rules, is entitled to release on the first parole despite the Parole Committee's rejection.
Whether the dogleg in the report of the Superintendent of Police regarding the possibility of unrest in society justifies the refusal of parole.
Parties & counsel
- petitioner
Gautam
- respondent
State, Through Secretary, Home, Jaipur
- respondent
Collector, Barmer
- respondent
Superintendent, Central Jail, Jodhpur
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLW/429/2019
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