Dismissed

Neeraj Menariya v. State of Rajasthan

Rajasthan HC6 Apr 2022CRLW/37/2022

Case brief

AI extract

What is this about?

A writ petition seeking permanent parole was dismissed. The court held that since the petitioner became eligible for parole consideration in October 2021, the Rajasthan Prisoners Release on Parole Rules, 2021, applied, not the 1958 Rules. The recorded claim was rejected.

What did the court decide?

No direction for release on permanent parole; the dismissal of the applicant's parole application is upheld.

Neeraj Menariya Vs State of Rajasthan — Pension and Retirement Benefits | 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. 37/2022

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Neeraj Menariya S/o Sh. Mangilal Minariya, Aged About 35 Years, At Present Lodged In Open Air Camp, Udaipur Through His Mother Smt. Mohini Devi W/o Sh. Mangilal Minariya, Age About 60 Years, R/o Panariyo Ki Madhadi, Near Govt. School, P.s. Hiran Magri, Dist. Udaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Of Home Dept. Jaipur.

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The Director General Jail, Jaipur.

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The District Collector, Udaipur.

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The Superintendent, Central Jail, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. K.R. Bhati For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG Mr. Rajendar Kumar, Superintendent, Central Jail, Udaipur.

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

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Order

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06/04/2022

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The petitioner has approached this Court by way of this writ petition seeking a direction for release on permanent parole. The application filed by the petitioner in this regard has been dismissed by the State Government by recommendations dated 10.01.2022 with reference to the Rajasthan Prisoners Release on Parole Rules, 2021.

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The Superintendent, Central Jail, Udaipur is present in the Court with the original record.

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(2 of 2)

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[CRLW-37/2022]

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We have heard and considered the submissions advanced at bar and have gone through the material available on record.

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Shri K.R. Bhati, counsel representing the petitioner submits that as the process for permanent parole was initiated before coming into force of the Rules of 2021, the case of the petitioner had to be considered under the Rajasthan Prisoners Release on Parole Rules, 1958.

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We are not convinced with the said submission for the simple reason that as per the admitted position from the record, the petitioner became eligible for consideration to be released on permanent parole on 03.10.2021 by which time, the new Rules of 2021 were in force. Hence, there is no merit in the writ petition which is dismissed.

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(FARJAND ALI),J

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(SANDEEP MEHTA),J

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14-Sudhir Asopa/Divya/-

Neeraj Menariya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Neeraj Menariya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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