Gajja Ram @ Gajendra v. State
Case brief
What is this about?
A larger bench answered a reference regarding whether a prisoner failing to report after a parole period escapes lawful custody. Relying on Supreme Court precedents, the court held that parole does not break custody and such failure amounts to escape, disqualifying the prisoner from Open Air Camp.
What the court decided
A compact analysis
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 AT JODHPUR
D.B. Crl. Ref. No. 1/2021
Gajja Ram @ Gajendra S/o Lumba Ram, Aged About 39 Years, At Present Lodged In Central Jail, Jodhpur Through His Wife Smt. Neelam Chaudhary Aged About 35 Years, R/o Labrau, P.s. Ramsar, Dist. Barmer.
----Petitioner
Versus
- State, Through Secretary, Department Of Home, Secretariat, Rajasthan, Jaipur.
- The Director General Jail, Jaipur.
- The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr Ashok Chhangani, Mr K.R.Bhati, Dr.RDSS Kharlia, Mr Nikhil Dungawat, Mr Gajendra Singh Butati, Mr Deepender Rajpurohit For Respondent(s) : Mr Farzand Ali, GA-cum-AAG assisted by Mr Abhishek Purohit, Mr S.S.Rajpurohit
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Issues for consideration
2 issues framed by the court
Whether non-surrender of a prisoner to prison authorities after expiry of the parole period amounts to escape from lawful custody?
Whether such a prisoner would be entitled to be transferred to an Open Air Camp under Rule 3(c) of the Rajasthan Prisoners Open Air Camp Rules, 1972?
Parties & counsel
- petitioner
Gajja Ram
- respondent
State
Coram
Vijay Bishnoi
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CRLRF/1/2021
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