Partly allowed

Sabir @ Wasim S/O Shri Majid Khan v. State of Rajasthan

Rajasthan HC4 Dec 2023CRLW/2397/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan held the Parole Advisory Committee's rejection of first parole application erroneous due to reliance on incorrect facts about the offender and his deceased father. The minutes were quashed, and the Committee was directed to reconsider the case within three weeks after meticulously reviewing the record.

What did the court decide?

The minutes dated 06.09.2023 are quashed and set aside. The Parole Advisory Committee is directed to reconsider the case within three weeks.

Sabir @ Wasim S/O Shri Majid Khan Vs State… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:37733-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. 2397/2023

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Sabir @ Wasim S/o Shri Majid Khan, Aged About 23 Years, R/o Sultanpura Pirawa, Police Station Pirawa, District Jhalawar (Raj.) (At Present Confined In Central Jail Kota) Through His Brother - Tofiq Khan S/o Shri Majid Khan, Aged About 27 Years R/o Ward No. 15, Behind Ghadi Ki Masjid, Pirawa, Police Station Pirawa, District Jhalawar (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, Jhalawar.

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The Superintendent Central Jail, Kota (Raj.)

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----Respondents

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For Petitioner(s)	: Mr.	Govind Prasad Rawat
For Respondent(s)	: Mr.	Atul Sharma, PP

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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04/12/2023

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This writ petition has been filed by the petitioner aggrieved of action of the respondents in denying release on first parole for a period of 20 days.

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Submissions have been made that the Parole Advisory Committee in its Minutes dated 06.09.2023 has wrongly rejected case of the petitioner, by indicating totally incorrect facts, inasmuch as, neither the petitioner has committed offence under Section 302 IPC, nor his father could have indicated anything in this regard as he has died in the year 2020, and, therefore,

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(2 of 2)

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[2023:RJ-JP:37733-DB]

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[CRLW-2397/2023]

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rejection of the petitioner’s application seeking grant of parole, is erroneous.

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Reply to the petition has been filed alongwith the reports from the Superintendent of Central Jail, Kota, the Superintendent of Police, Jhalawar as well as from the Social Justice Department, Jhalawar.

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Besides the fact that the findings indicated against the petitioner has wrongly been reflected. The report also does not indicate anything as has been reflected by the Committee. It appears that while deciding the application of the petitioner, facts pertaining to some other detenue have been taken into consideration. The said casual approach of the Committee cannot be countenanced. It is expected of the Committee to pass orders after meticulously going through the record as the same pertains to liberty of individuals.

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Consequently, the petition is partly allowed. The minutes dated 06.09.2023 qua the petitioner are quashed and set aside. The Parole Advisory Committee is directed to reconsider the case of the petitioner, taking into consideration, the relevant material. Needful be done within a period of three weeks from today. The order in this regard would be intimated by learned counsel for the respondents to the District Collector, Jhalawar.

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(ASHUTOSH KUMAR),J

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(ARUN BHANSALI),J

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MADAN/S-281

Sabir @ Wasim S/O Shri Majid Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sabir @ Wasim S/O Shri Majid Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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