Allowed

Chandmal @ Chandu S/O Shri Bajiram v. State of Rajasthan

Rajasthan HC6 Jan 2022CRLW/1618/2021

Case brief

AI extract

What is this about?

This order granted the petitioner's first regular parole for 20 days, holding that potential agitation of the complainant side cannot be a ground for rejection. The court quashed the earlier rejection and directed release upon furnishing a bond.

What did the court decide?

Petitioner granted first regular parole for 20 days upon furnishing personal bond of Rs. 50,000/- with one surety. Previous rejection recommendation quashed.

Chandmal @ Chandu S/O Shri Bajiram… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition (Parole) No. 1618/2021

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Chandmal @ Chandu S/o Shri Bajiram, Aged About 28 Years, At present lodged In Central Jail Ajmer. Through His Brother Gajanand S/o Shri Bajiram Aged About 36 Years R/o Vill. Lachhipura Teja Ji Ka Badiya Nundi Mahendradan PS Beawar Sadar Distt. Ajmer

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----Petitioner

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Versus

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State Of Rajasthan, Home Department Jaipur

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The Distt. Collector, Ajmer

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The Superintendent, Central Jail Ajmer

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----Respondents

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For Petitioner(s)

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: Mr. Vijendra Yadav, Advocate (through video conferencing)

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For Respondent(s) : Mr. N.S. Gurjar, Additional Government Advocate

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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06/01/2022

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Petitioner has preferred this writ petition (parole) seeking

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first regular parole for a period of 20 days.

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It is contended by counsel for the petitioner that the application of the petitioner for parole was rejected on basis of report of the Superintendent of Police that release on parole of the petitioner may agitate the complainant side.

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Learned Additional Government Advocate has opposed the writ petition (parole).

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We have considered the contentions.

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(2 of 2) [CRLW-1618/2021]

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Merely because the complainant side would be agitated, if the petitioner is given the benefit of parole cannot be made a ground for rejecting the parole application. Hence, we deem it proper to release the petitioner on first regular parole for 20 days. 6. In view of the same, the writ petition (parole) therefore, deserves to be allowed.

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Consequently, the writ petition (parole) stands allowed. The recommendation of the Parole Advisory Committee dated 22.04.2021 qua the present petitioner is quashed and set aside. The Jail Authorities are directed to release the petitioner on first regular parole for a period of twenty days, on furnishing of his personal bond of Rs.50,000/- with one surety of like amount to the satisfaction of the concerned District Magistrate cum Collector, 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.

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In case of failure to surrender by 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),J

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(PANKAJ BHANDARI),J

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Ashish Kumar /19

Chandmal @ Chandu S/O Shri Bajiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chandmal @ Chandu S/O Shri Bajiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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