Allowed

Pawan Kumar S/O Kanhaiya Lal v. State of Rajasthan

Rajasthan HC15 Jun 2021CRLW/922/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a habeas corpus writ petition for parole. The Court quashed the Parole Committee's rejection, finding the objection mechanical, and directed the release of the petitioner on parole for twenty days.

What did the court decide?

Parole allowed for twenty days; committee recommendation quashed; Jail authorities directed to release petitioner on furnishing bond of Rs.50,000/- with two sureties of Rs.25,000/-.

Pawan Kumar S/O Kanhaiya Lal 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. 922/2021

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Pawan Kumar S/o Kanhaiya Lal, R/o Dhakad Mohalla Baorikhera Baori Khera Titarwasa B, Jhalawar Through His Father Kanhaiya Lal S/o Shri Dev Lal R/o Dhakad Mohalla Baorikhera Baori Khera Titarwasa B, Jhalawar Raj. (Accused Presently Confined In Central Jail Kota)

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----Petitioner

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Versus

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State Of Rajasthan, Through I.g. Prison Raj. Jaipur

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The Superintendent, Central Jail Bikaner

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The Dist. Collector, Jhalawar Raj.

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----Respondents

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For Petitioner(s) : Mr. Amit Dadhich, Adv. 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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15/06/2021

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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, Jhalawar rejected the application for parole vide order dated 23.03.2021 and the parole was rejected on the ground of there being an offence committed on a minor.

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It is contended that the sentence imposed upon the petitioner is 10 years. Petitioner has remained in custody for five years, two months and 23 days and the case for which reference has been taken by the S.P. is a case of year, 2016 and pertains to offence under Section 5(L)/6 of POCSO Act and sections 376(2)

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(2 of 3)

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[CRLW-922/2021]

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(N), 363 and 366A of IPC.

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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, Kota and Social Welfare Department have given their assent to release the petitioner on first parole. The Advisory Committee has has not given assent to release the petitioner looking to the offence as heinous crime as the petitioner committed rape with a minor, the conduct of the petitioner in jail being satisfactory, there is complainant of pre-condition contemplated under Rule, 9 of the rules. The Parole Committee has in a mechanical way objected to the release on parole. The Jail Authorities and the Social Welfare Department have given report in favour of the petitioner. 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 23.03.2021 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner ( Pawan Kumar S/o Kanhaiya Lal) 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 District Magistrate, Jhalawar 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

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(3 of 3)

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[CRLW-922/2021]

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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 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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Chauhan /06

Pawan Kumar S/O Kanhaiya Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pawan Kumar S/O Kanhaiya Lal v. State of Rajasthan

Case brief

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What did the court decide?

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