Allowed

Sakhi Kha v. State of Rajasthan

Rajasthan HC18 Dec 2023CRLW/1893/2023

Case brief

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What is this about?

The High Court allowed a writ petition by a convict serving time for IPC Section 302, setting aside the rejection of his parole application. The Court directed his release on 20 days' parole under the Rajaton Prisoners Release on Parole Rules, noting that an adverse police report alone is not a ground for refusal.

What did the court decide?

Impugned order dated 24.08.2023 set aside; petitioner directed to be released on 20 days' parole by furnishing two sureties of Rs.25,000/- each and a personal bond of Rs.50,000/-.

Sakhi Kha Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:44202-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 1893/2023

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Sakhi Kha, S/o Khamisha Khan, B/c Musalman, R/o Siyani Police Station Ramsar, Dist. Barmer (Raj.) (Presently Lodged At Central Jail, Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Jaipur.

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Collector, Barmer.

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Supdt. Central Jail, Jodhpur.

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----Respondents

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For Petitioner(s) : By post For Respondent(s) : Mr. Anil Joshi GA cum AAG a/w Mr. Pallav Sharma

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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18/12/2023

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The instant petition has been registered on the letter of convict, who is languishing in Central Jail, Jodhpur being convicted and sentenced for the offence punishable under Section 302 of IPC.

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The petitioner applied for his release on parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (For short hereinafter called 'the Rules'). The authorities rejected the application made by the petitioner by their order dated 24.08.2023. It is against this rejection, the petitioner is in writ. 3. The Jail Department has submitted its reply.

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Learned AAG has submitted that since the victim’s family members as well as the neighbours have objected for releasing

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[2023:RJ-JD:44202-DB]

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[CRLW-1893/2023]

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(2 of 3)

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the petitioner on 20 days' parole, the Committee has rightly rejected his application for releasing him on 20 days' parole. It is also submitted that with the release of the petitioner on parole, there is all possibility that the law and order situation may be disturbed.

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Heard learned counsel for the parties and perused the material available on record. 6. The convict has already undergone a sentence of 05 years, 11 months and 26 days as on 04.12.2023. It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021. More so, Ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can’t be frustrated on the basis of vague and ill-founded reasons.

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Accordingly, this petition is allowed. The impugned order dated 24.08.2023 is set aside so far as it relates to prisoner. The petitioner – Sakhi Kha, S/o Khamisha Khan is directed to be released on first parole of 20 days strictly in accordance with the provisions of Parole Rules after ensuring its strict compliance as required before his release, provided he furnishes two sureties in a sum of Rs.25,000/- each and a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Jodhpur. The Superintendent, Central Jail concerned will give a date for surrender of convict and shall also be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole.

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[2023:RJ-JD:44202-DB]

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[CRLW-1893/2023]

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This Court however observes that since the report of the police is adverse though without there being any factual basis, if during the period in which the prisoner is released on parole indulge in any kind of offence or/and any report is lodged against him of any offence, then in such event, the parole granted to him shall stand cancelled.

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A copy of this order may be sent to the convict.

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(RAJENDRA PRAKASH SONI),J.

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(DR. PUSHPENDRA SINGH BHATI),J.

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20-/Jitender//-

Sakhi Kha v. State of Rajasthan

Case brief

What is this about?

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Sakhi Kha v. State of Rajasthan

Case brief

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