Allowed

Shyam Sunder S/O Sh. Amar Lal v. State of Rajasthan

Rajasthan HC14 Sept 2023CRLW/1544/2023

Case brief

AI extract

What is this about?

This Delhi-specified High Court of Rajasthan Bench allowed the petitioner's criminal writ petition for parole. The Court quashed the District Magistrate's rejection order, found the police reason regarding revenge unjustifiable, and directed the release on first parole.

What did the court decide?

Criminal Writ Petition allowed; order dated 30.06.2023 quashed; petitioner directed to be released on first regular parole for 20 days.

Shyam Sunder S/O Sh. Amar Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JP:22794-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition(Parole) No. 1544/2023

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Shyam Sunder S/o Sh. Amar Lal, Aged About 51 Years, R/o Talhati Mohalla, Police Station Khethun, District Kota (Raj.) (At Present Confined In Central Jail Kota) Through His Wife - Smt. Usha W/o Shri Shyam Sunder, Age About 41 Years, Residence Of Talhati Mohalla, Police Station Khethun, District Kota (Raj.).

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.

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

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The Superintendent, Central Jail, Kota.

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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

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Order

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14/09/2023

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Petitioner through his wife has preferred this Criminal Writ Petition (Parole) seeking first parole for a period of 20 days.

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It is contended by learned counsel for the petitioner that the application for parole was rejected by District Magistrate, Kota vide its order dated 30.06.2023 and the reason therein assigned that if petitioner is released on parole, an untoward incident may arise due to seeking revenge, is not a justifiable reason.

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We have considered the contentions.

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[2023:RJ-JP:22794-DB]

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[CRLW-1544/2023]

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(2 of 3)

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The report of the Social Welfare Department is in favour of the petitioner. The Superintendent of Jail has also mentioned that the jail conduct of the petitioner is satisfactory.

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We are of the considered view that the District Magistrate, Kota, has rejected the application of the petitioner for parole on account of the adverse report dated 16.06.2023 given by the Superintendent of Police, Kota(Rural).

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We have perused the report dated 16.06.2023 given by the Superintendent of Police, Kota(Rural). 7. In our considered opinion, the reason assigned by the Police Authorities as well as District Magistrate, Kota, for rejecting the application of parole of the petitioner on this ground is not justifiable, hence, we deem it proper to allow the present criminal writ petition(parole) and set aside the order dated 30.06.2023 qua the petitioner. We also deem it proper to direct the Authorities to assign proper and justifiable reasons before rejecting the prayer of parole.

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Thus, Criminal Writ Petition (Parole) is allowed. The order passed by the District Magistrate, Kota dated 30.06.2023 qua the petitioner is quashed and set aside. The Jail Authorities are directed to release the petitioner on first regular parole for a period of 20 days on furnishing of his personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the District Magistrate, Kota, with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period.

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[2023:RJ-JP:22794-DB]

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[CRLW-1544/2023]

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(3 of 3)

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In case of failure to surrender by stipulated date, the Jail Authorities 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/08

Shyam Sunder S/O Sh. Amar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shyam Sunder S/O Sh. Amar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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