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Hariram Meena S/O Shri Bhagwan Sahay v. the State of Rajasthan

Rajasthan HC21 Apr 2023CRLW/778/2023

Case brief

AI extract

What is this about?

Petitioner convicted in 2019 sought first regular parole of 20 days. High Court directed appropriate authorities to decide the application within four weeks pursuant to Rajasthan Prisoners Release on Parole Rules, 1958, by analogy to Apex Court and HC precedents.

What did the court decide?

Disclosure of the application for first regular parole of 20 days within four weeks from the date of receipt of the order.

Hariram Meena S/O Shri Bhagwan Sahay Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/007709]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition No. 778/2023

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Hariram Meena S/o Shri Bhagwan Sahay, Aged About 36 Years, R/o Namolaav, Police Station Sadar, Tehsil And District Dausa (Raj.) (At Present In Special Central Jail Shalyawas Dausa) Through His Cousin Brother Shri Ram Meena S/o Shri Kanhaiya Lal Meena, Aged About 31 Years, R/o Rambas, Police Station Baswa, District Dausa (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur.

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The District Magistrate, Dausa (Raj.)

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Superintendent Special Central Jail, Shalyawas Dausa.

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----Respondents

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For Petitioner(s) : Mr. Heeralal Prajapati for Mr. Vishram Prajapati For State : Mr. N.S. Gurjar, Asstt. Govt. Adv.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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21/04/2023

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Issue notice.

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Learned Assistant Government Advocate accepts notice on behalf of the State.

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Petitioner has preferred this criminal writ petition (parole) seeking first regular parole of 20 days.

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It is contended by counsel for the petitioner that application seeking first regular parole is pending before the appropriate Authorities since 29.03.2023 and the Authorities be directed to dispose of the application for first regular parole at the earliest. It is also contended that petitioner was convicted and sentenced vide judgment dated 01.02.2019.

[2023/RJJP/007709]

[CRLW-778/2023]

(2 of 2)

A limited prayer is made before the Court that Authorities be directed to decide the application at the earliest as per Rajasthan Prisoners Release on Parole Rules, 1958.

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Learned Assistant Government Advocate has opposed the criminal writ petition (parole).

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We have considered the contentions.

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Petitioner was convicted in the year 2019 and in view of the judgment of Apex Court in Hitesh @ Bavko Shivshankar Dave vs State of Gujarat, Criminal Writ Petition No.467/2022 , wherein it was held that the Rules as prevalent at the time of conviction have to be applied. This Court in Nitansh Sain vs State of Rajasthan & Ors., D.B. Criminal Writ Petition(Parole) No.264/2023 has held that petitioner’s case for grant of parole has to be considered in accordance with Rajasthan Prisoners Release on Parole Rules, 1958.

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Since, a limited prayer is made before the Court, we deem it proper to dispose of the writ petition(parole) with a direction to the Authorities to decide the application for grant of first regular parole of 20 days within a period of four weeks from the date of receipt of this order.

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The said application be decided in accordance with Rajasthan Prisoners Release on Parole Rules, 1958, as petitioner was convicted in the year 2019.

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Criminal Writ Petition(Parole) is accordingly, disposed of.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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AMIT/5

Hariram Meena S/O Shri Bhagwan Sahay v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hariram Meena S/O Shri Bhagwan Sahay v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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