Allowed

Indraj S/O Shri Dharampal @ Dharma v. State of Rajasthan

Rajasthan HC17 Dec 2024CRLW/2101/2024

Case brief

AI extract

What is this about?

The Division Bench granted emergent parole to a petitioner confined in Central Jail Alwar due to the impending delivery of his wife. The court allowed the writ petition, quashed the rejection order, and directed release on a 30-day parole bond.

What did the court decide?

Petitioner released on emergent parole for 30 days upon furnishing a personal bond of Rs. 50,000 with one surety; impugned order quashed.

Indraj S/O Shri Dharampal @ Dharma Vs… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:51770-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Writ Petition No.2101/2024

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Indraj S/o Shri Dharampal @ Dharma, aged about 52 Years, R/o Dhani Bansali, Village Pathredi, Police Station Sarund, District Jaipur Rural (Raj.)

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(At Present Confined In Central Jail Alwar)

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Through His Wife - Smt. Uganta W/o Shri Indraj, aged about 24 Years, R/o Dhani Bansali, Village Pathredi, Police Station Sarund, District Jaipur Rural (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 Collector, Jaipur.

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The Superintendent, Central Jail, Alwar.

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----Respondents

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For Petitioner(s)	: Mr.Govind Prasad Rawat
For Respondent(s)	: Mr.Rajesh Choudhary, GA-cum-AAG
	with Mr.Aman Kumar, AAAG
	Mr.Sudesh Saini, Addl.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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17/12/2024

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Petitioner has preferred this criminal writ petition seeking emergent parole on account of delivery of his wife which is scheduled somewhere around 21.12.2024.

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In reply, it is admitted that the delivery date of the petitioner’s wife is around 21.12.2024. It has also come in the reply that petitioner has availed first regular parole of 20 days. It is contended by the Additional Advocate General that there is no provisions for release of prisoner on parole on account of delivery

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[2024:RJ-JP:51770-DB]

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[CRLW-2101/2024]

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(2 of 3)

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of prisoner’s wife. Contra , it is contended by learned counsel for the petitioner that in the new Rules, there is provision for release of prisoner on parole on account of delivery of prisoner’s wife.

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We have considered the contentions. 4. As per the Rajasthan Prisoners Release on Parole Rules, 1958, on humanitarian grounds, petitioner can be released on the emergent parole. Since, petitioner has already availed the first regular parole, there is no danger to the complainant’s side, if the petitioner is granted emergent parole.

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In Tofan Mal Vs. State of Rajasthan & Ors.: D.B. Civil Writ Petition (Parole) No.3189/2016 decided by the Division Bench of the Rajasthan High Court on 05.04.2016, parole was granted, when the petitioner’s wife had given birth to a child.

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In the present case, the petitioner has approached the authorities seeking emergent parole on account of delivery of his wife which is schedule to take place somewhere around 21.12.2024. The only ground for rejection of parole is that the Rules do not provide for the same.

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We are of the considered view that since the Rajasthan Prisoners Release on Parole Rules, 2021 provides for release of prisoners on account of delivery of prisoner’s wife, humanitarian grounds would prevail and the petitioner is entitled to emergent parole on humanitarian grounds. 8. Thus, Criminal Writ Petition (Parole) is allowed. The order dated 05.11.2024 passed by the Superintendent Central Jail, Alwar is quashed and set aside. The Jail Authorities are directed to release the petitioner on emergent parole for a period of 30 days on furnishing of his personal bond of Rs.50,000/- with one surety

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[2024:RJ-JP:51770-DB]

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[CRLW-2101/2024]

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of like amount to the satisfaction of the Jail Authorities concerned with the stipulation that he shall surrender himself before the Jail Authorities after the expiry of 30 days from the date of release on parole and shall maintain peace and tranquility during parole period.

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In case of failure to surrender by stipulated date, the Jail Authorities concerned shall proceed in accordance with Law.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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Aayush Sharma /160

Indraj S/O Shri Dharampal @ Dharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Indraj S/O Shri Dharampal @ Dharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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