Allowed

Nihal Singh S/O Shri Shibbo v. State of Rajasthan

Rajasthan HC7 Nov 2024CRLW/1971/2024

Case brief

AI extract

What is this about?

Petitioner sought first parole after nearly 11 years of custody and raising valid argument regarding satisfactory conduct and compatibility with similar precedents court allowed the writ petition directing release on parole for 20 days.

What did the court decide?

Writ petition allowed. Recommendation of Parole Advisory Committee quashed. Petitioner to be released on first regular parole for 20 days on furnishing personal bonds and one surety. Surrender require

Nihal Singh S/O Shri Shibbo Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:46017-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. 1971/2024

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Nihal Singh S/o Shri Shibbo, Aged About 50 Years, R/o Diwanpura, Police Station Sarmathura, District Dholpur (Raj.) (At Present Serving Sentence In Open Air Camp Dholpur) Through His Son - Atar Singh S/o Shri Nihal Singh, Aged About 28 Years, R/o Diwanpura, Police Station Sarmathura, District Dholpur (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, Dholpur (Raj.).

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The Superintendent, District Jail, Dholpur.

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----Respondents

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For Petitioner(s) : Mr. Govind Prasad Rawat For State : Mr. Gaurav Gupta, Asst. GA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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07/11/2024

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Petitioner has filed this Writ Petition (Parole) seeking first parole of 20 days.

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It is contended by counsel for the petitioner that petitioner has remained in custody for a period of 11 years and 2 months. As per the jail report, his conduct in jail has been satisfactory. He is in open jail.

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It is also contended that Social Welfare Department has also given report that release of petitioner on first parole would not adversely affect the residents of the locality.

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[2024:RJ-JP:46017-DB]

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[CRLW-1971/2024]

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(2 of 3)

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It is argued that the reason assigned for rejection of the application for first regular parole is on account of involvement of the petitioner in two cases of murder. It is argued that since the present case is covered under the Rajasthan Prisoners Release on Parole Rules, 1958 and there is no express provision which bars release of an accused on first regular parole, the writ petition should be allowed.

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Learned Asst. Govt. Adv. has opposed this writ petition (parole).

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We have considered the contentions. The petitioner has remained in custody for a period of 11 years and 2 months. There is no express provision which bars the petitioner’s release on parole upon a second conviction. This Court, on earlier occasion in case which was having facts akin to the present case, had quashed and set aside the order passed by the District Magistrate and had allowed the regular first parole to the petitioner. Since the present case is akin to the case which was in Bhajan Meena @ Bahadur Vs. The State of Rajasthan & Ors. (D.B. Criminal Writ Petition (Parole) No. 841/2023) decided by Division Bench of this Court on 24.05.2023, we deem it proper to allow this writ petition (parole).

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Consequently, the writ petition (parole) stands allowed. The recommendation of the Parole Advisory Committee dated 05.08.2024 qua the present petitioner is quashed. The Jail Authorities are directed to release the petitioner on first regular parole for a period of twenty days, on furnishing of his personal bonds of Rs.50,000/- with one surety of like amount to the

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(3 of 3)

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[2024:RJ-JP:46017-DB]

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[CRLW-1971/2024]

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satisfaction of the Superintendent, District Jail Dholpur (Raj.), with the stipulation that he shall surrender himself before the Jail Authority on expiry of twenty days and shall maintain peace and tranquility during parole period.

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In case of failure to surrender by stipulated date, the Jail Authority shall proceed in accordance with law.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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MAHIMA/49

Nihal Singh S/O Shri Shibbo v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nihal Singh S/O Shri Shibbo v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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