Disposed

Daudayal S/O Babu Lal v. the State of Rajasthan

Rajasthan HC6 Dec 2024HC/411/2024

Case brief

AI extract

What is this about?

In a habeas corpus petition regarding non-release on permanent parole, the High Court noted the State's inaction in producing an order for release. The Court restrained itself from taking action against officers but directed the immediate release of the petitioner.

What did the court decide?

Respondents directed to release the corpus forthwith; habeas corpus petition disposed of.

Daudayal S/O Babu Lal Vs the State… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:50328-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 411/2024

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Daudayal S/o Babu Lal, Aged About 62 Years, R/o Nagla Sitaram Ka, Police Station Kathoomar, District Alwar (At Present Confined In Central Jail Alwar, Rajasthan) Through His Son, Balkishan Sharma S/o Dau Dayal, Aged About 28 Years, R/o G-61 Balaji Vihar, Ramnagar Vistar, Mahesh Nagar, Jaipur Rajasthan302019.

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----Petitioner

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Versus

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

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The Prisoner Parole Advisory Committee (State Committee), Through Its Chairman, Director General Of Prisons, Rajasthan, Ghat Gate, Agara Road, Jaipur, Rajasthan.

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District Magistrate, District Alwar, Rajasthan.

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Superintendant Of Central Jail, Alwar, Rajasthan.

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----Respondents

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For Petitioner(s)	:	Mr. Rajendra Prasad Sharma with Mr. Arvind Mahawar
For Respondent(s)	:	Mr. Bhuvnesh Sharma, AAG Mr. Rajesh Choudhary, G.A.-cum-AAG with Mr. Aman Kumar, AAAG Mr. Gaurav Gupta, Asst. G.A. Mr. Vivek Sharma, Addl. G.A. Ms. Neha Goyal Mr. Vikram Singh, I.G., Jail Mr. Shivendra Kumar (Jail Superintendent) Ms. Beena Mahawar, ADM City Ms. Pooja Parth, Joint Secretary, Home

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order

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06/12/2024

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Learned Additional Advocate General was directed to ensure

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that the officers concerned, who have passed the order dated

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[2024:RJ-JP:50328-DB]

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[HC-411/2024]

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(2 of 2)

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04.12.2024 mark their presence before the Court today at 03:00 PM and the Superintendent of Jail, Central Jail, Alwar and District Magistrate, Alwar to also mark their presence alongwith the corpus. Ms. Pooja Parth (Joint Secretary, Home) Mr. Shivendra Kumar (Superintendent, Central Jail, Alwar) and Ms. Beena Mahawar (ADM City, Alwar) are present in Court.

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However, inspite of the directions of the Court, corpus has not been produced. It is indeed strange that even after passing of the order on 05.11.2024, the prisoner has not been released on permanent parole. Inspector General of Police (Jail) is also present before the Court who has stated that they did not receive the order in due time and has also assured that the prisoner would be released forthwith and that such incident would not occur in future.

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Taking a serious note of the inaction on the part of the State in complying with the orders passed by the Court, we restrain ourselves from passing orders against the officers concerned.

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Respondents are directed to release the corpus forthwith.

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Accordingly, the habeas corpus petition is disposed of.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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LAKSHYA-DAKSH/163-S

Daudayal S/O Babu Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Daudayal S/O Babu Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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