Dismissed

Shyam @ Gajendra Singh S/O Shri Trilok Singh v. State of Rajasthan

Rajasthan HC12 Apr 2023CRLMA/59/2023

Case brief

AI extract

What is this about?

Petitioner withdrew the pending parole application but was granted liberty to approach the relevant authorities for parole. Court directed authorities to decide the application under the 1958 Parole Rules applicable to conviction year 2009.

What did the court decide?

Liberty allowed to move fresh application before concerned authorities for parole under Rajasthan Prisoners Release on Parole Rules, 1958.

Shyam @ Gajendra Singh S/O Shri Trilok… — Pension and Retirement Benefits | 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. 59/2023

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D.B. Criminal Writ Petition(Parole) No.740/2022

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Shyam @ Gajendra Singh S/o Shri Trilok Singh, R/o Badokhari, P.s. Atretha, At Present P.s. Bhaguwapura, District Datiya (M.p.) (At Present Confined In Open Air Camp Sewar Bharatpur) Through His Wife Smt. Shiwani W/o Shyam @ Gajendra Singh Aged About 25 Years, R/o Badokhari, P.s. Atretha, At Present P.s. Bhaguwapura, Dist. Datiya (M.p.)

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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-59/2023]

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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 08.12.2009.

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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 2009.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEEN/28

Shyam @ Gajendra Singh S/O Shri Trilok Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shyam @ Gajendra Singh S/O Shri Trilok Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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