The High Court of Rajasthan modified its earlier order of 29.9.2020 in D.B. Cr. Writ Petition (Parole) No. 533/2020 to correct a typographical error, directing that 'in the State of Rajasthan' be read as 'in Jail at Tihar'.
The order dated 29.9.2020 was modified to read 'in Jail at Tihar' instead of 'in the State of Rajasthan'.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Miscellaneous Application No. 240/2020
In
D.B. Cr. Writ Petition (Parole) No. 533/2020
Daya Singh Lahoriya S/o Shri Kripal Singh, R/o Kasba Bharal, Police Station Maler Kotla, District Sangrur (Punjab). (At Present In Jail No 08 And 09, Tihar, New Delhi). Through His Wife Kamaljeet Kaur W/o Shri Daya Singh Lahoriya, R/o Kasba Bharal, Police Station Maler Kotla, District Sangrur (Punjab).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Anshuman Saxena (through PP) For Respondent(s) : Mr. Javed Choudhary, PP (through PP)
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
14/10/2020
Matter comes up on an application for modification of the order dated 29.9.2020 passed by this Court.
Learned counsel for the petitioner submits that the petitioner is serving his sentence in Jail No. 08 and 09, Tihar, New
(2 of 2)
[CRLMA-240/2020]
Delhi and this fact was mentioned in the cause title of the case. Nominal Roll of the petitioner filed by the respondents as Annexure-R/1 also pertains to Jail at Tihar, New Delhi. He further submits that the petitioner was also allowed first regular parole while serving sentence in Tihar Jail. Due to pandemic of COVID19, there is high risk in Jail at Tihar also. However, while passing the order dated 29.9.2020, due to typographical error at internal page 3, the words “in the State of Rajasthan” have wrongly been mentioned instead of “in Jail at Tihar”. He prays that in this view of the matter, the order dated 29.9.2020 passed by this Court may kindly be modified.
Learned PP appearing for the State does not oppose the
same.
Having regard to the submissions made by learned counsel for the parties, the application is allowed and it is directed that in the order dated 29.9.2020 passed by this Court, the words “in the State of Rajasthan” be read as “in Jail at Tihar”.
The order dated 29.9.2020 is modified, as indicated above. Rest part of the order dated 29.9.2020 shall remain unchanged. This order be treated as an integral part of the order dated 29.9.2020.
A copy of this order be sent to the respondents for their information.
(PRAKASH GUPTA),J
(INDRAJIT MAHANTY),CJ
DILIP KHANDELWAL /2
Daya Singh Lahoriya
State Of Rajasthan
State Parole Advisory Committee
Inspector General Of Prisons
Superintendent Tihar Jail No. 8 And 9
Superintendent Central Jail Jaipur
Prakash Gupta
Indrajit Mahanty
Dilip Khandelwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
