In this D.B. Criminal Writ Petition concerning emergent parole, the High Court of Rajasthan rejected the petition as not maintainable and devoid of merit because the petitioner approached the High Court directly without seeking relief from the competent authority.
Writ petition rejected as not maintainable and devoid of merit; no parole granted.
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.
(1 of 2)
[CRLW-435/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 435/2022
Kailash @ Sheru S/o Sh. Prathvi Raj, Aged About 55 Years, At Present Lodged In Central Jail, Bikaner, Through His Wife Kamla W/o Kailash @ Sheru, Aged About 53 Years, R/o Sherenka, P.s. T.b., Dist. Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. K.R. Bhati For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with Mr. Rajat Chhaparwal
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/11/2022
The instant writ petition for emergent parole has been filed on behalf of the petitioner on the ground that his nephew is to be married on 08.12.2022.
A perusal of the documents available on record would indicate that family members including the parents of the boy are available to perform the requisite ceremonies. The presence of the appellant is not required for performance of any social customs etc. In addition thereto, we may note here that the petitioner has filed the instant writ petition directly in this Court without approaching the competent authority. Thus, there is no ground to
(2 of 2)
[CRLW-435/2022]
release the petitioner on emergent parole. The writ petition is hence, rejected as being not maintainable and so also devoid of merit.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
1 issue framed by the court
Whether a writ petition seeking emergent parole is maintainable when the petitioner did not approach the competent authority first.
Kailash @ Sheru
State of Rajasthan
The Dist. Collector, Hanumangarh
The Superintendent, Central Jail, Bikaner
Sandeep Mehta
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
