Allowed

Rajpal S/O Shree Sardara Ram v. State of Rajasthan

Rajasthan HC16 Jun 2021CRLW/917/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a writ petition seeking release on first regular parole for a petitioner serving a life sentence. The court quashed the Advisory Committee's rejection order, noting the petitioner's satisfactory jail conduct, and directed his release for twenty days upon furnishing bond and complying with reporting conditions.

What did the court decide?

Petitioner released on first regular parole for twenty days upon furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each and complying with reporting conditions.

Rajpal S/O Shree Sardara Ram Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition Parole No. 917/2021

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Rajpal S/o Shree Sardara Ram, Aged About 25 Years, R/o Sanjay Colony Ajari Khurd P/s Sadar Jhunjhunu Dist. Jhunjhunu Raj. (At Present Confined In Central Jail Bikaner) Through His Father Sardara Ram S/o Sh. Mula Ram Age 61 Years R/o Sanjay Colony Ajari Khurd P/s Sadar Jhunjhunu Dist. Jhunjhunu Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Inspector General Prison Jaipur

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The Dist. Parole Advisory Committee, Through The Dist. Magistrate Jhunjhunu

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The Superintendent, Central Jail Bikaner

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----Respondents

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For Petitioner(s) : Mr. B.R. Choudhary through VC For Respondent(s) : Mr. Mangal Singh Saini, AGA

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA (V.J.) HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA (V.J.)

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Order

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16/06/2021

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Petitioner has preferred this writ petition (parole) seeking release on first parole for twenty days. It is contended by the counsel for the petitioner that the District Parole Advisory Committee, Jhunjhunu rejected the application for parole vide order dated 09.04.2021 and the parole was rejected on the ground of there being an adverse report by S.P. Jhunjhunu.

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It is contended that the sentence imposed upon the petitioner is life imprisonment. Petitioner has remained in custody for 4 years 11 months and 07 days as on 30.05.2021 and the case for which reference has been taken by the S.P. is a case of the

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(2 of 3)

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[CRLW-917/2021]

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year, 2016 and pertains to offence under Section 363,366, 366K, 376, 342, IPC and Section 3/4, 16 and 17 of POCSO Act.

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Learned Additional Government Advocate has opposed the petition.

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We have considered the contentions. The Superintendent of Central Jail, Bikaner and Social Welfare Department have given their assent to release the petitioner on first parole. The Advisory Committee has not given assent to release the petitioner looking to the offence. The conduct of the petitioner in jail is satisfactory. The Police Authorities have in a mechanical way objected to release on parole. In the above circumstances and deem it appropriate to release the petitioner on first regular parole to which is entitled for under the Scheme of rules 1958.

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Consequently, the writ petition parole stands allowed. The recommendation of the committee dated 09.04.2021 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner ( Rajpal Son of Shree Sardara Ram) on first regular parole for twenty days on furnishing his personal bond of Rs.50,000/- with two sureties in the sum of Rs.25,000/- to the satisfaction of the Superintendent, Central Jail, Bikaner with the stipulation that he shall surrender himself and return back to the Jail Authority on expiry of twenty days and shall maintain peace and tranquility during parole period in addition to it, he shall report during parole on each Sunday at 11.00 A.M. at the concerned Police Station and that report be furnished to the Jail Authority.

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In case of failure to surrender by petitioner on stipulated

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(3 of 3)

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[CRLW-917/2021]

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date, the Jail Authority shall proceed in accordance with law.

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

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(CHANDRA KUMAR SONGARA (V.J.)),J (NARENDRA SINGH DHADDHA (V.J.)),J

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PAYAL DHAWAN /8

Rajpal S/O Shree Sardara Ram v. State of Rajasthan

Case brief

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Rajpal S/O Shree Sardara Ram v. State of Rajasthan

Case brief

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