Allowed

Sher Singh S/O Sh. Ramswaroop v. State of Rajasthan

Rajasthan HC29 Aug 2023CRLW/1540/2023

Case brief

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What is this about?

High Court allowed a writ petition for first regular parole of a petitioner confined in Central Jail Bikaner. The court quashed the parole committee's rejection order, citing satisfactory conduct during prior emergent parole and current jail conduct, and directed release for 20 days upon furnishing bonds. Parties: Sher Singh (Petitioner) v. State Of Rajasthan et al.

What did the court decide?

The recommendation of the Parole Advisory Committee dated 30.06.2023 is quashed. The petitioner is directed to be released on first regular parole for 20 days by furnishing personal bonds of Rs.50,000

Sher Singh S/O Sh. Ramswaroop Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition No. 1540/2023

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Sher Singh S/o Sh. Ramswaroop, Aged About 50 Years, R/o Dhindhwa, Police Station Pilani, District Jhunjhunu (Raj.). (At Present Confined In Central Jail Bikaner) Through His Son - Anil S/o Shri Sher Singh, Age About 30 Years, Residence Of Dhindhwa, Police Station Pilani, District Jhunjhunu (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, Jhunjhunu.

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The Superintendent, Central Jail, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. N.S. Gurjar, Assistant Govt. Advocate

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

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29/08/2023

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Petitioner has preferred this writ petition(parole) seeking first regular parole for a period of 20 days.

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It is contended by counsel for the petitioner that application was rejected by the Parole Advisory Committee vide order dated 30.06.2023 on the ground that petitioner is a history-sheeter and various cases were registered against him and if he is released on parole, there are chances of untoward incident taking place.

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Learned Assistant Govt. Advocate has opposed the writ petition(parole).

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We have considered the contentions and perused the report.

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[CRLW-1540/2023]

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(2 of 2)

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As per report of Social Welfare Department, Social Welfare Department has recommended the release of petitioner on parole as petitioner was earlier given emergent parole and his conduct during emergent parole was satisfactory. As per the nominal roll, conduct of the petitioner in jail is satisfactory. As per the report submitted by Jail Authorities with regard to criminal antecedents, in all the cases except Criminal Appeal No.245/2018, petitioner has either been acquitted or is undergoing sentence. Since petitioner conduct during emergent parole was satisfactory and his conduct in jail is also satisfactory, we deem it proper to allow the writ petition(parole).

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Consequently, the writ petition (parole) stands allowed. The recommendation of the Parole Advisory Committee dated 30.06.2023 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on first regular parole for a period of 20 days, on furnishing of his personal bonds of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent Central Jail, Bikaner, with the stipulation that he shall surrender himself before the Jail Authority on expiry of 20 days and shall maintain peace and tranquility during parole period.

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In case of failure to surrender by stipulated date, the Jail Authority shall proceed in accordance with law.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEENA/03

Sher Singh S/O Sh. Ramswaroop v. State of Rajasthan

Case brief

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Sher Singh S/O Sh. Ramswaroop v. State of Rajasthan

Case brief

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