Writ petition seeking permanent parole set aside as impugned order erroneously calculated custody period. Respondent directed to pass fresh order in accordance with law.
Impugned order regarding parole decline set aside; respondent no. 2 directed to pass a fresh order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 567/2020
Harikesh @ Harkesh S/o Shri Ganpat Lal, Aged About 40 Years, R/o Vill. Junpa Binori PS And Tehsil Lalsot Dist. Dausa Raj. (At Present In Open Air Camp Dausa) Through Bhanaja (Sisters Son) Laxman Bairwa S/o Shri Jairam Bairwa Aged 40 Years R/o Vill. 756 Badawali Bairwa Dhani Bhandarej Dist. Dausa Raj.
----Petitioner
----Respondents
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
21/09/2020
Petitioner has filed the petition under Article 226 of the Constitution of India seeking his release on permanent parole.
Learned counsel for the petitioner has submitted that the case of the petitioner has been declined by the Competent Authority for his release on permanent parole by considering his
(2 of 2)
[CRLW-567/2020]
custody period as less than fourteen years, whereas, petitioner has undergone more than fifteen years of custody.
Learned state counsel has opposed the petition, but has submitted that as per Annexure-R/1 petitioner has undergone more than fifteen years of custody.
Accordingly, part of the order Annexure-1, whereby case of the petitioner for his release on permanent parole was declined, is set aside and respondent no.2 is directed to pass a fresh order in accordance with law.
Petition stands disposed of accordingly.
(CHANDRA KUMAR SONGARA),J
(SABINA),J
Mohita /20
1 issue framed by the court
Whether the impugned order declining permanent parole due to erroneous custody calculation should be set aside.
1 provisions across 1 enactments
Harikesh @ Harkesh
State Of Rajasthan
The Deputy Secretatry, Department Of Home
The Prisoners Parole Advisory Committee (State Committee)
Superintendent, Dist. Jail Dausa
SABINA
CHANDRA KUMAR SONGARA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
