High Court allowed criminal writ seeking parole. Court held police apprehension of hurt feelings is not ground for rejection. Petitioner granted first regular parole for 20 days.
Order dated 07.10.2024 rejecting parole quashed; petitioner released on first regular parole for 20 days.
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.
[2024:RJ-JP:50859-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 2088/2024
Nafees @ Banti S/o Shri Abdul Hafeej, Aged About 25 Years, R/o Sajidehra, Behind Kishore Pura Police Station, Police Station Koshorepura, District Kota (Raj.) (At Present Serving Sentence In Central Jail Kota) Through His Mother - Femida W/o Late Shri Abdul Hafeej, Aged About 56 Years, R/o Sajidehra, Behind Kishore Pura Police Station, Police Station Koshorepura, District Kota (Raj.)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Govind Prasad Rawat, Adv. |
|---|---|
| For Respondent(s) | : Mr. Rajesh Choudhary, GA cum AAG |
| with Mr. Aman Kumar, AAAG & | |
| Mr. Gaurav Gupta, Asstt. GA |
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
11/12/2024
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five months. It is also contended that the Social Welfare Department has recommended the release of the petitioner on first regular parole. The jail conduct of the petitioner is also good but the application of the petitioner was rejected on the basis of a report submitted by the Superintendent of Police, Kota City, Kota, wherein he has mentioned that there are chances of complainant party feeling hurt on release of the petitioner on parole and there is also likelihood that the petitioner would commit some untoward incident with the complainant party.
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like amount to the satisfaction of the Superintendent, Central Jail, Kota with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of parole period and shall maintain peace and tranquility during parole period.
(SHUBHA MEHTA),J
(PANKAJ BHANDARI),J
MR/66
1 issue framed by the court
Whether apprehension of untoward incident or hurt feelings of complainant can be ground to reject first regular parole.
Nafees @ Banti
State of Rajasthan
District Parole Advisory Committee
Superintendent, Central Jail, Kota
Pankaj Bhandari
Shubha Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
