Allowed

Sharvan Kumar v. State of Rajasthan

Rajasthan HC3 Nov 2023CRLW/1647/2023

Case brief

AI extract

What is this about?

The High Court set aside the District Parole Committee's rejection of a parole petition. Observing the petitioner's satisfactory jail conduct and a positive recommendation from the Social Justice & Welfare Department, the Court ordered a 20-day parole subject to a bond and sureties.

What did the court decide?

Respondents directed to release petitioner on first parole of twenty days, subject to furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Sharvan Kumar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 1647/2023

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Sharvan Kumar S/o Om Prakash, Aged About 39 Years, B/c Nai R/o Udasar Chota Ps Pallu Dist. Hanumangarh At Present Lodged At Central Jail Bikaner Through Smt. Suman W/o Shravan Kumar B/c Nai Age-37 R/o Udasar Chota Ps Pallu Dist. Hanumangarh

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----Petitioner

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Versus

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State Of Rajasthan, Through Special Officer (Home) Jail Group-12 Raj. Jaipur

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The Dist. Collector, Hanumangarh

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The Superintendent, Central Jail Bikaner

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----Respondents

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For Petitioner(s) : Ms. Ranjana Singh For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted by Mr. Rajat Chhaparwal

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Order

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03/11/2023

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This writ petition is filed by the petitioner being aggrieved with the decision of the District Parole Committee, Hanumangarh (hereinafter to be referred as ‘the Committee’) dated 24.08.2023, whereby the application filed on behalf of the petitioner for releasing him on 20 days’ parole has been dismissed.

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From the minutes of the meeting dated 24.08.2023 of the Committee, it appears that the application of the petitioner was rejected while taking into consideration the report of the Superintendent of Police, Hanumangarh, wherein he has mentioned that if the petitioner is released on parole, there is

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[CRLW-1647/2023]

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(2 of 2)

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possibility that the peace and law & order of the area would be affected.

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Having heard learned counsel for the parties and taking into consideration the fact that the conduct of the petitioner in jail is satisfactory and the Social Justice & Welfare Department has also recommended for releasing the petitioner on parole, we are of the view that the Committee has wrongly not allowed the application of the petitioner for granting him 20 days’ parole.

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Taking into consideration the overall facts and circumstances of the case, this criminal writ petition is allowed and the respondents are directed to release petitioner- Sharvan Kumar S/o Om Prakash on first parole of twenty days, subject to the condition that he shall furnish a personal bond of Rs.50,000/along with two sureties of Rs.25,000/- each (duly verified by Tehsildar) to the satisfaction of the Superintendent, Central Jail, Bikaner on usual terms and conditions.

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The petitioner is directed to surrender himself before the jail authorities concerned on expiry of the parole period.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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27-Arun/-

Sharvan Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharvan Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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