Allowed

Rama v. State of Rajasthan

Rajasthan HC15 Jul 2022CRLW/237/2022

Case brief

AI extract

What is this about?

A criminal prisoner sought writ relief against the dismissal of his parole application due to late reporting from the Open Air Camp. The High Court found the delay justified by necessity to attend to a grandson with serious ailments. The court quashed the dismissal order and granted regular parole.

What did the court decide?

Quashed the order dismissing parole application. Granted regular parole of forty days upon furnishing a personal bond of Rs.80,000/- with a surety.

Rama Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 237/2022

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Rama S/o Sh. Nag Ji Meena, Aged About 65 Years, B/c Meena, At Present Lodged In Central Jail Udaipur, Through His Son Sh. Narayan Lal S/o Sh. Rama Meena, Aged About 30 Years, R/o Vill. Kanpura P.s. Suwagpura, Dist. Pratapgarh.

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----Petitioner

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Versus

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State Of Rajasthan, Dept. Of Home, Jaipur.

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The District Collector, Pratapgarh.

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The Superintendent, Central Jail, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Sunil Dutt For Respondent(s) : Mr. Pallav Sharma, on behalf of Mr. Anil Joshi, GA-cum-AAG

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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15/07/2022

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Heard. Perused the material available on record.

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Learned counsel for the petitioner has placed the original prescription slip (Annexure-3) dated 15.09.2021 on record.

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The petitioner herein had been sent to Open Air Camp where he was serving life imprisonment. He had earlier availed first and second paroles of twenty and thirty days respectively satisfactorily without any complaint. A complaint was received that the petitioner failed to report at the Open Air Camp on 15.09.2021 on which an FIR was registered against him; he was sent back to the

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(2 of 3)

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[CRLW-237/2022]

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prison and on the ground of abscondance, the parole application too was dismissed by District Parole Advisory Committee, Pratapgarh vide order dated 15.12.2021 which is assailed in this writ petition.

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The petitioner has specifically submitted that he was compelled to attend to his grandson Devendra Kumar on 15.09.2021 because the boy was suffering from serious ailments and that is why, he could not report to the Open Air Camp on 15.09.2021. However, the petitioner reported back at the Open Air Camp in the early hours of 16.09.2021 whereafter he has been sent back to prison and a report has also been registered against him.

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In view of the facts noted above and more particularly, the circumstance that the petitioner seems to have been delayed in reporting to the Open Air Camp because he had taken his grandson Shri Devendra Kumar to the hospital, the failure of the petitioner in reporting back at the Open Air Camp on 15.09.2021 can be condoned.

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Thus, the impugned order dated 15.12.2021 passed by the District Parole Advisory Committee, Pratapgarh is hereby quashed. The petitioner Rama S/o Shri Nag Ji Meena shall be released on regular parole of forty days upon furnishing a personal bond in the sum of Rs.80,000/- with one sound and solvent surety in the like amount to the satisfaction of the Superintendent, Central Jail, Udaipur. The Superintendent, Central Jail, Udaipur shall be at liberty to impose other adequate and reasonable conditions to

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(3 of 3)

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[CRLW-237/2022]

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ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date he is released on parole.

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The writ petition is allowed accordingly.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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8-Sudhir Asopa/-

Rama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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