Allowed

Surendra Kumar @ Sunil v. State of Rajasthan

Rajasthan HC19 Jan 2024CRLW/2100/2023

Case brief

AI extract

What is this about?

A prisoner's writ petition challenged the District Parole Advisory Committee's dismissal of his application for 20 days' first parole. The Court found the Committee's reasons mechanical, as the SP's absconding apprehension was unsupported and the Department of Social Justice had recommended release. It set aside the decision and granted parole on bond conditions.

What did the court decide?

Release on 20 days' first parole on personal bond of Rs.50,000 with two sureties of Rs.25,000 each; decision dated 01.12.2023 set aside.

Surendra Kumar @ Sunil Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:3084-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 2100/2023

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Surendra Kumar @ Sunil S/o Shri Vijay Shankar, Aged About 28 Years, At Present Lodged In Central Jail, Jodhpur Through His Father Vijay Shankar S/o Shri Bhika Ram, Aged About 63 Years, R/o Shiv Colony, P.s. Sojat City, Dist. Pali.

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----Petitioner

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Versus

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State Of Rajasthan, Department Of Home, Jaipur.

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The District Collector, Pali

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The Superintendent, Central Jail, Jodhpur.

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----Respondents

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For Petitioner(s)	:	Mr. Kalu Ram Bhati
For Respondent(s)	:	Mr. Anil Joshi, AAG assisted by
		Mr. Rajat Chhaparwal

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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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19/01/2024

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This parole petition has filed by the petitioner being aggrieved with the decision of the District Parole Advisory Committee concerned dated 01.12.2023, whereby the application filed by the petitioner for releasing him on 20 days’ first parole has been dismissed.

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We have perused the minutes of the meeting dated 01.12.2023 and find that the reasons supplied by the District Parole Advisory Committee concerned for rejecting the application of the petitioner for releasing him on 20 days’ first parole are mechanical in nature. It is simply mentioned that as per the report of the Superintendent of Police concerned, there is a possibility

[2024:RJ-JD:3084-DB]

[CRLW-2100/2023]

(2 of 2)

that if the petitioner is released on parole, he may abscond. The Superintendent of Police concerned has not indicated the reasons on the basis of which he has framed opinion that if the petitioner is released on parole, he may abscond. It is also to be noticed that the Department of Social and Justice has recommended for releasing the petitioner on 20 days’ first parole.

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Taking into consideration the facts and circumstances of the case, we are of the opinion that the decision of the District Parole Advisory Committee of denying 20 days’ first parole to petitioner cannot be sustained. Hence, the decision dated 01.12.2023 of the District Parole Advisory Committee concerned qua the petitioner is set aside.

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Accordingly, this parole writ petition is allowed and the respondents are directed to release petitioner - Surendra Kumar @ Sunil S/o Shri Vijay Shankar on 20 days first parole subject to the condition that he shall furnish a personal bond of Rs.50,000/along with two sureties of Rs.25,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur. The Superintendent, Central Jail, Jodhpur shall also give a date to the petitioner for surrender.

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The petitioner shall surrender himself before the jail authorities concerned on expiry of the parole period.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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17-nitin/divyaJ/-

Surendra Kumar @ Sunil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Surendra Kumar @ Sunil v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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