Allowed

Birjesh Kumar Kashyap S/O Shri Suraj Prashad v. State of Rajasthan

Rajasthan HC16 Jul 2021CRLW/494/2021

Case brief

AI extract

What is this about?

The High Court sought quashing of District Magistrate's order rejecting a first parole application. Considering the petitioner's satisfactory jail conduct, the court allowed the writ petition, quashed the rejection, and directed parole for twenty days subject to bond conditions.

What did the court decide?

Quashed order dated 28.1.2021; directed Jail Authorities to release petitioner on first parole for 20 days on furnishing personal bond and one surety of Rs.25,000/-.

Birjesh Kumar Kashyap S/O Shri Suraj… — Pension and Retirement Benefits | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Writ Petition No. 494/2021

¶3

Birjesh Kumar Kashyap S/o Shri Suraj Prashad, R/o Rampura Niwada, Post Jaspurapur Sareya, Police Station Triva, District Kannoj (U.p.) Present Address- Plot No. 213, Tejaji Mandir Ke Pass, Roy Colony Hasanpura C, Police Station Sadar, District Jaipur (Raj.) (At Present Confined In Special Central Jail, Salyawas, Dausa (Raj.) Through His Brother In Law Madan Singh S/o Shri Manohar Lal, Age About 45 Years, R/o Plot No. 279, Tejaji Mandir Ke Pass, Roy Colony, Kacchi Basti, Hasanpura C, Police Station Sadar, District Jaipur (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Inspector General Of Prisons, Directorate Prisons, Ghatgate, Jaipur.

¶7

Distrcit Parole Advisory Committee, Through The District Magistrate, Dausa (Raj.)

¶8

Superintendent Special Central Jail, Salyawas, Dausa (Raj.)

¶9

For Petitioner(s)	:	----Respondents Mr. Govind Prasad Rawat
For Respondent(s)	:	Mr. Chandragupt Chopra, PP

¶10

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶11

Order

¶12

16/07/2021

¶13

Petitioner has preferred this Criminal Writ Petition (Parole) seeking quashing of order dated 28.1.2021 passed by District Magistrate, Dausa and grant of regular first parole for a period of 20 days under Rule 9 of Rajasthan Prisoners Release on Parole Rules, 1958.

¶14

It is contended by learned counsel for the petitioner that parole application was rejected on the ground that report from

¶15

(2 of 2)

¶16

[CRLW-494/2021]

¶17

Probation Officer, Social Welfare Department has not received and also stated that petitioner is not a permanent resident of District Dausa. Learned counsel submits that the jail conduct of the petitioner is satisfactory. So, the petition filed by the petitioner be allowed.

¶18

Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner and submitted that petition filed by the petitioner be dismissed.

¶19

I have considered the contentions.

¶20

Conduct of petitioner in jail has been good.

¶21

Consequently, Criminal Writ Petition (Parole) stands allowed and the order dated 28.1.2021 passed by District Magistrate, Dausa qua petitioner is quashed. The Jail Authorities are directed to release the petitioner on first parole for a period of twenty days, on furnishing of his personal bonds besides one surety of Rs.25,000/- to the satisfaction of the District Magistrate, Dausa with the stipulation that he shall surrender himself before the Jail Authority on expiry of twenty days and shall maintain peace and tranquility during parole period.

¶22

In case of failure to surrender by stipulated date, the Jail Authority shall proceed in accordance with law.

¶23

A copy of this order be sent to the Jail Authorities as well as the petitioner through Jail Authority for compliance.

¶24

(NARENDRA SINGH DHADDHA),J

¶25

Brijesh 92.

Birjesh Kumar Kashyap S/O Shri Suraj Prashad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Birjesh Kumar Kashyap S/O Shri Suraj Prashad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Chanda W/O Shri Gopalprasad Sharma Vs State of Rajasthan

Kavita Kumari Wife of Shri Pradeep Kumar ( Daughter of Leeladhar Meghwal) Vs State of Rajasthan

Surendra Nath Bhutiyani S/O Late Shri Amarnath Bhutiyani Vs Chhitarlal Bairwa S/O Ramlal Bairwa

Sandip Chhagan Bhai Sihora S/O Shri Chaganbhai Jethabhai Sihora Vs State of Rajasthan

Akhtar Hussain Son of Shri Mehmood Ali Vs Raseed Ali Son of Shri Roshan Ali

Ramswaroop Morya S/O Shri Arjun Lal Morya Vs State of Rajasthan