Dismissed

Prahlad S/O Shri Pooran Singh v. State of Rajasthan

Rajasthan HC12 Apr 2023CRLMA/58/2023

Case brief

AI extract

What is this about?

High Court dismissed a criminal miscellaneous application withdrawn by the petitioner. The court granted liberty to move a fresh parole application based on Rules applicable at the time of conviction (2011) as explained in Hitesh @ Bavko.

What did the court decide?

Petitioner is given liberty to move application before concerned authorities under Rajasthan Prisoners Release on Parole Rules, 1958.

Prahlad S/O Shri Pooran Singh Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Miscellaneous Application No. 58/2023

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D.B. Criminal Writ Petition(Parole) No.743/2022

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Prahlad S/o Shri Pooran Singh, R/o Jagmohan Pura, P.s. Rajakheda, District Dholpur (Raj.) (At Present Confined In Open Air Camp Sewar, Bharatpur) Through His Wife Smt. Seema W/o Shri Prahlad, Aged About 35 Years, R/o Jagmohan Pura, P.s. Rajakheda, District Dholpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Inspector General Prison, Jaipur.

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The District Parole Advisory Committee, Through The District Magistrate, Bharatpur.

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The Superintendent Central Jail Sewar, Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Ms. Rekha Madnani, AGA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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12/04/2023

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Counsel for the petitioner does not want to press the present misc. application and seeks liberty to move fresh application before concerned authorities under Rajasthan Prisoners Release on Parole Rules, 1958.

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The only prayer made before the Court is that authorities be directed to decide the application as per Rajasthan Prisoners

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[CRLMA-58/2023]

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(2 of 2)

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Release on Parole Rules, 1958, as the petitioner was convicted and sentenced vide judgment dated 22.11.2011.

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We have considered the contentions.

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Criminal Misc. Application is accordingly, dismissed as withdrawn, however, petitioner is given liberty to move application before concerned authorities.

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In view of the judgment of Apex Court in Hitesh @ Bavko

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Shivshankar Dave vs State of Gujarat, Criminal Writ Petition No.467/2022 , wherein it was held that the Rules as prevalent at the time of conviction has to be applied. Hence, we direct the concerned authorities to decide the application of the petitioner in accordance with Rajasthan Prisoners Release on Parole Rules, 1958 as petitioner was convicted in the year 2011.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEEN/27

Prahlad S/O Shri Pooran Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prahlad S/O Shri Pooran Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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