Disposed

Suja Ram @ Sujana Ram v. State of Rajasthan

Rajasthan HC7 Jul 2023CRLW/912/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging inaction on a prisoner's parole application. The court directed respondents to consider the application under the 1958 Parole Rules within two months, citing the conviction date as prior to the 2021 Rules.

What did the court decide?

Direct respondents to consider and decide the petitioner's parole application under the Rules of 1958 within two months.

Suja Ram @ Sujana Ram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:20181-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 912/2023

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Suja Ram @ Sujana Ram S/o Sh. Dharma Ram, Aged About 23 Years, Through Is Father Sh. Dharma Ram S/o Sh. Tara Ram Aged About 54 Years, B/c Meghwal, R/o Vill. Deva P.s. Mohangarh, Dist. Jaisalmer. (At Present Lodged In Central Jail, Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Dept. Of Home, Jaipur. 2. The Dist. Collector, Jaisalmer.

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The Superintendent, Central Jail, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. S.D. Chavariya For Respondent(s) : Mr. Anil Joshi, AAG Mr. Pallav Sharma

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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07/07/2023

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This writ petition has been filed by the petitioner being aggrieved by the inaction of the respondents of not forwarding his application to the District Parole Advisory Committee for releasing him on 30 days second parole. The respondents are not forwarding the application of the petitioner for releasing him on 30 days second parole on the ground that the petitioner is not entitled to be released on parole as per the provisions of Rajasthan Prisoners Release on Parole Rules, 1921 (for short ‘the Rules of 2021’).

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[2023:RJ-JD:20181-DB]

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[CRLW-912/2023]

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(2 of 2)

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Learned counsel for the petitioner has submitted that as per the law laid down by the Hon’ble Supreme Court in the case of Hiatesh @ Bavko Shivshankar Dave Vs. State of Gujrat : Writ Petition (Criminal) No.467./2022, decided on 24.01.2023 and other judgments passed by this Court, the application filed by the petitioner for release on second parole for 30 days is liable to be considered in accordance with the provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (for short ‘the Rules of 1958’) because the order of conviction of the petitioner was passed on 02.09.2022 i.e. prior to enactment of the Rules of 2021.

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Learned AAG has opposed the prayer of parole writ petition, however, he is not in a position to dispute the fact that as per the law laid down by the Hon’ble Supreme Court in the case of Hitesh @ Bavko (supra), the application of the petitioner for release him on second parole for 30 days is liable to be considered in accordance with the provisions of Rules of 1958 instead of Rules of 2021.

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In such circumstances, this parole writ petition is disposed of with direction to the respondents to consider and decide the application of the petitioner dated 06.04.2023 to release him on second parole for 30 days in accordance with the Rules of 1958 within a period of two months.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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10-Babulal/-

Suja Ram @ Sujana Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suja Ram @ Sujana Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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