Allowed

Ali Khan S/O Zakir v. the State of Rajasthan

Rajasthan HC13 Feb 2024CRLW/57/2024

Case brief

AI extract

What is this about?

High Court granted first parole to a convicted petitioner sentenced for offences under POCSO for 20 days, reasoned that his sentence of nearly five years was more than half served and denying parole solely for jail service absence is not a valid ground.

What did the court decide?

Petitioner granted first parole for 20 days on furnishing personal bail bond of Rs.50,000/- and two securities of Rs.25,000/- each.

Ali Khan S/O Zakir Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:7431]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 57/2024

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Ali Khan S/o Zakir, Aged About 24 Years, R/o Ward No. 4, Kotwali Ka Mohalla, Nainwa, Police Station Nainwa, District Bundi, (Raj.) (At Present In Central Jail, Kota), Through His Younger Brother Afreed S/o Zakir Hussain, Aged About 21 Years, R/o Ward No. 4, Kotwali Ka Mohalla, Nainwa, Police Station Nainwa, District Bundi (Raj.) 323801.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur.

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The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Bundi.

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Superintendent Central Jail, Kota.

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----Respondents

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For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. S S Mahla, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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13/02/2024

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Instant writ petition has been filed seeking to grant first parole to the petitioner for a period of 20 days under Rule 9 of Rajasthan Prisoners Release on Parole Rules, 1958 (for short, “Rules of 1958”).

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The District Parole Advisory Committee, in its meeting dated 21.08.2023 has declined to grant first parole to the petitioner having observed that the District Police Superintendent, Bundi, Superintendent Central Jail, Kota and Assistant Director, Social Justice and Welfare Department, Bundi have given adverse report

[2024:RJ-JP:7431]

[CRLW-57/2024]

(2 of 3)

against the petitioner. As far as, reports given by Police Superintendent and Social Justice and Welfare Department, same are on the basis that petitioner is convicted for offences under Sections 363, 366-A and Section 4/18 of POCSO Act. The report of Superintendent Jail, alleges the misconduct that the petitioner remained absent in jail service from period December, 2019 to May, 2022.

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Counsel for petitioner submits that petitioner was convicted and sentenced for a period of 7 years vide judgment dated 13.12.2019 for offences referred hereinabove and petitioner has suffered a sentence for about 4 years and 6 months i.e. more than half period of awarded sentence. He submits that as per order dated 23.07.2018 of Division Bench passed in D.B. Criminal Writ No.649/2018 Shreeman Vs. State of Rajasthan, relying upon the previous order dated 03.03.2017 passed in D.B. Civil Writ Petition No.17648/2016, the denial of parole to the petitioner on the ground of absenteeism from jail service is not a valid ground. Learned counsel has also relied upon the order dated 01.11.2018 passed by Division Bench in D.B. Criminal Writ No. 1025/2018 (Ganesh @ Latur Vs. State of Rajasthan), allowing parole to the petitioner, who was convicted and sentenced for committing rape of his minor daughter.

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Having heard counsel for both parties and considering the ratio of judgments referred hereinabove so also the fact that petitioner has passed more than half period of awarded sentence i.e. 4 years and 6 months, this Court deems it just and proper to grant petitioner first parole for a period of 20 days.

[2024:RJ-JP:7431]

[CRLW-57/2024]

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Accordingly, the present writ petition is allowed. Petitioner be released on parole for a period of 20 days, subject to furnishing personal bail bonds of Rs.50,000/- and two sound and solvent securities of Rs. 25,000/- each to the satisfaction of the Superintendent Central Jail, Kota. It is made clear that petitioner shall maintain peace and tranquility during the period of parole and in case, he fails to surrender on the stipulated day, the jail authority shall proceed in accordance with law.

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(SUDESH BANSAL),J

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RONAK/787

Ali Khan S/O Zakir v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ali Khan S/O Zakir v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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