The High Court of Rajasthan dismissed a writ petition seeking release on permanent parole. The court upheld the rejection by the competent authority, noting the petitioner's unsatisfactory conduct in prison involving an attempt to smuggle charas.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 35/2022
Dhulji @ Dhuleshwar S/o Shri Labuji Bujh, Aged About 60 Years, B/c Muslim, At Present Lodged In Central Jail, Bikaner Through His Father Labuji Buhj S/o Shri Thawara, Age About 64 Years, R/ o Ward No. 05, Uppala Ghantala, P.s. Khothwali, District Banswara.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Kaluram Bhati |
|---|---|
| For Respondent(s) | : Mr. Anil Joshi,GA-cum-AAG |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI
Order
11/04/2022
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.
A perusal of the application filed by the petitioner for release on permanent parole has been rejected by the competent authority vide order dated 08.04.2021 on the ground that the conduct of the petitioner in the prison was not satisfactory. A perusal of the original record reveals that the accused was residing at the Open Air Camp. He tried to smuggle about 15
(2 of 2)
[CRLW-35/2022]
gms. charas concealed in his shoes. For the said offence, FIR No.290/2020 was registered against the petitioner at the Police Station Bichhwal, in which a charge-sheet has also been filed.
Needless to say that the trial court shall be under an obligation to follow the procedure provided under the CrPC and shall provide the relevant documents and charge-sheet etc. to the accused and provide him free legal aid, if so required, before proceeding to conduct the trial.
In view of the above situation, apparently since the conduct of the accused in prison is rather grossly unsatisfactory, the respondents were perfectly justified in rejecting the application for permanent parole preferred on behalf of the petitioner. Hence, there is no merit in this writ petition, which is dismissed as such.
(FARJAND ALI),J 20-Pramod/Devesh/-
(SANDEEP MEHTA),J
1 issue framed by the court
Whether the High Court should grant permanent parole to a prisoner whose application was rejected due to unsatisfactory prison conduct involving an attempt to smuggle narcotics.
Dhulji @ Dhuleshwar S/o Shri Labuji Bujh
State Of Rajasthan, Through Secretary Of Home Dept. Jaipur
The Director General Jail, Jaipur
The District Collector, Banswara
The Superintendent, Central Jail, Bikaner
Sandeep Mehta
Farjand Ali
As recorded by the court registry
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