Allowed

Natwar Lal v. State of Rajasthan

Rajasthan HC17 Jan 2023CRLW/414/2022

Case brief

AI extract

What is this about?

The High Court dismissed the District Parole Advisory Committee's rejection of the petitioner's application and directed the Superintendent of Central Jail, Udaipur, to release him on 15 days' parole upon furnishing a bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

What did the court decide?

Directed the Superintendent, Central Jail, Udaipur to release the petitioner on 15 days' parole on furnishing a personal bond of Rs.1,00,000/- along with two sureties of 50,000/- each.

Natwar Lal 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. 414/2022

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Natwar Lal S/o Shri Kanji Bheel, Aged About 36 Years, B/c Bheel R/o Mahadev Ka Tabda Post Aanjana Panchayat Samiti Arthuna Tehsil Arthuan Dist. Banswara (At Present Lodged In Central Jail Udaipur) Through His Mother Smt. Kanta W/o Shri Kanji Bheel Aged About 55 Years B/c Bheel R/o Mahadev Ka Tabda Post Aanjana Panchayat Samiti Arthuna Tehsil Arthuna Dist. Banswara

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Home Department, Government Of Rajasthan, Jaipur

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The Dist. Collector Cum Magistrate, Udaipur

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The Superintendent Central Jail, Udaipur

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----Respondents

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For Petitioner(s) : Ms. Laxmi Devi For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with Mr. Pallav Sharma

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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17/01/2023

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This writ petition has been filed by the petitioner through his mother being aggrieved with the decision taken by the District Parole Advisory Committee, Udaipur in its meeting dated 14.10.2022, whereby the application filed by the petitioner for releasing him on 15 days’ parole has been dismissed.

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Learned counsel for the petitioner has submitted that earlier, the petitioner was released on 7 days’ parole by this Court vide

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(2 of 3) [CRLW-414/2022]

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order dated 05.11.2020 passed in DB Criminal Writ Petition No.294/2020 and after availing the said parole period, he surrendered himself before the jail authorities within stipulated time. It is also submitted that the District Parole Advisory Committee, Udaipur has rejected the application filed by the petitioner for releasing him on 15 days’ parole on mechanical grounds. Learned counsel for the petitioner has, therefore, prayed that the respondents be directed to release the petitioner on 15 days’ parole.

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Learned AAG Mr. Anil Joshi while opposing the writ petition has argued that earlier, the petitioner was absconded when he was released on regular parole and the concerned Superintendent of Police as well as the Social Welfare Department have also advised that the petitioner be not released on 15 days’ parole.

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Heard learned counsel for the parties.

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It is not in dispute that though the petitioner was earlier absconded while on parole, but later on, in the year 2020, this Court has already granted him 7 days’ parole in accordance with the relevant rules. It is also not in dispute that the petitioner after availing the said parole period surrendered himself before the jail authorities within stipulated time. The reasons given by the District Parole Advisory Committee, Udaipur for rejecting the application of the petitioner for releasing him on 15 days’ parole are not justifiable.

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Hence, we deem it appropriate to dispose of this writ petition with a direction to the Superintendent, Central Jail, Udaipur to release the petitioner on 15 days’ parole on furnishing a personal bond of Rs.1,00,000/- along with two sureties of 50,000/- each.

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(3 of 3)

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[CRLW-414/2022]

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The petitioner shall surrender himself before the jail authorities after availing 15 days’ parole period from the date of his actual release.

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Ordered accordingly.

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(PRAVEER BHATNAGAR),J

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(VIJAY BISHNOI),J

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46-AjaySingh/-

Natwar Lal v. State of Rajasthan

Case brief

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Natwar Lal v. State of Rajasthan

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