This single-judge criminal writ petition addressed a warder's parole application dismissed after 10 years of absconding. The High Court dismissed the plea, reasoning that no case existed for parole given the prolonged absence and imminent sentence completion.
Parole petition of petitioner Shakti Singh dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/008582]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 70/2023
Shakti Singh S/o Shri Himmat Singh, Aged About 40 Years, B/c Rawat, R/o Sewali, Police Station Rajnagar, District Rajsamand. (At present lodged in Open Air Camp, Kishangarh).
Through his mother Smt. Pratap Kunwar W/o Shri Himmat Singh, Aged About 66 Years, R/o Sewali, Police Station Rajnagar, District Rajsamand.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Laxmi Devi For Respondent(s) : Mr. Anil Joshi, AAG-cum-GA Mr. Rajat Chhaparwal, AAAG
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
05/04/2023
This parole petition has been filed on behalf of the convict-petitioner being aggrieved with the decision taken by the District Parole Advisory Committee, Udaipur in its meeting dated 25.04.2022, whereby the application filed by the convict-petitioner for releasing him on 7 days’ parole has been dismissed.
The District Parole Advisory Committee, Udaipur has taken into consideration the reports of Superintendent of Police, Udaipur and Social Welfare Department, Udaipur, wherein they have not
(2 of 2)
[2023/RJJD/008582]
[CRLW-70/2023]
recommended for grant of 7 days’ parole to the convict-petitioner on the ground that earlier he was released on 30 days’ regular parole, however, after expiry of the said parole period, he did not surrender himself before the jail authority and remain absconded for about 10 years.
It is also noticed that the sentence of the convict-petitioner is going to be completed in around 1 year.
Having perused the above referred material, we are of the view that when the convict-petitioner remain absconded for about 10 years and his sentence is going to be completed very soon, no case is made out for grant of 7 days’ parole to the convictpetitioner.
Hence, this parole petition is dismissed.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J
Abhishek Kumar S.No.8
2 issues framed by the court
Whether parole should be granted to a convict who absconded for about 10 years after expiry of parole.
Whether dismissal of parole petition is sustainable when sentence is nearing completion after 10 years of absconding.
Shakti Singh
State of Rajasthan
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
