Partly allowed

Mohd. Aejaz Akbar S/O Abdul Majeed v. the State of Rajasthan

Rajasthan HC3 Jan 2024CRLW/2606/2023

Case brief

AI extract

What is this about?

Petitioner sought emergency parole for his marriage. The court dismissed the petition as infructuous since the marriage occurred. However, it directed State authorities to forward the unread application to the Union of India for decision per relevant Rules.

What did the court decide?

Petition dismissed as infructuous. Directing State to forward application to Union of India for decision.

Mohd. Aejaz Akbar S/O Abdul Majeed Vs the State… — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JP:269-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. 2606/2023

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Mohd. Aejaz Akbar S/o Abdul Majeed, R/o H.no. 7-7775/6 Naya Mohalla, Mominpura, Gulbarga 585104, Karnataka (At Present Confined In Central Jail Jaipur Rajasthan). Through His Father - Abdul Majeed S/o Late Abdul Aziz, Aged About 75 Years, R/o H.no. 5-993/32/37/417, Gulshan E-Arfat Colony, Hagarga Road, Gulbarga University Police Station Kalaburagi, Gulbarga 585104 Karnataka.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary Home Secretariat, Jaipur (Raj.).

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The Director General Of Prisons, Directorate Prisons, Ghatgate, Jaipur (Raj.)

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The Union Of India, Through The Ministry Of Home Affairs, Govt. Of India, Is-Ii, Division/legal Cell-1, 2Nd Floor, Major Dhyan Chand National Stadium, Near India Gate, New Delhi.

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District Magistrate, Jaipur, Office At Collectorate, Jaipur (Raj.)

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Superintendent Central Jail, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Tekchand Swami For Respondent(s) : Mr. Anand Sharma For State : Mr. N.A. Naqvi Sr. Adv(AAG) with Mr. Syed Adeel Naqvi

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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03/01/2024

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Petitioner has filed this writ petition (parole) seeking emergent parole on account of his marriage which was scheduled to take place on 17.12.2023.

[2024:RJ-JP:269-DB]

[CRLW-2606/2023]

(2 of 2)

It is contended by counsel for the petitioner that application dated 27.10.2023 for emergent parole has not been decided by the authorities, till date.

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We have considered the contentions.

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Since the present parole application has become infructuous, we are not inclined to entertain the present writ petition(parole) and the same is dismissed as having become infructuous.

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It is stated in the reply that Union of India has not received the application for emergent parole and for that reason, the same could not be decided.

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However, we deem it proper to direct the State authorities to forward the application immediately and on receipt thereof, Union of India is directed to decide the application in accordance with Rajasthan Prisoners Release on Parole Rules.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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MAHIMA/HEENA/38

Mohd. Aejaz Akbar S/O Abdul Majeed v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohd. Aejaz Akbar S/O Abdul Majeed v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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