Citation : 2021 Latest Caselaw 974 Raj/2
Judgement Date : 30 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 188/2021
Sadakat Ali @ Chhota Sadda S/o Shri Hamid Ali, Aged About 43
Years, R/o 127 Chandraghanta Patanpole Kota City Kota Raj. (At
Present Confined In Central Jail Ajmer) Through His Wife Mobin
Aara W/o Shri Sadakat Ali Chhota Sadda Aged About 36 Years At
Present R/o 55 Vikas Nagar Chandrasel Road Arjunpura Kota Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General Prison
Jaipur
2. The Distt. Magistrate, Magistrate Kota
3. The Superintendent, Central Jail Ajmer
----Respondents
For Petitioner(s) : Mr. B.R. Choudhary, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
30/01/2021 Learned counsel for the petitioner submits that the
petitioner was convicted by the trial Court vide judgment dated
02.11.2017 for the offence under Sections 148, 302/149 and
307/149 of IPC and sentenced to undergo life imprisonment. He
further submits that the petitioner has already served more than 7
years of sentence including remission. He has also availed 20 days
of first parole. During that period his Nikah was solemnized with
Mobin Aara. He surrendered himself on due date, therefore, due to
paucity of time he could not prepare his marriage registration
certificate, ration card, Adhar Card etc. He further submits that his
wife is preparing for competitive exams. At the time of filing up
(2 of 2) [CRLW-188/2021]
the examination forms, marriage registration certificate is
required. Thus, in absence of the required documents, she is
facing great difficulty. Petitioner is entitled to be released on
emergent parole under Rule 10-A of the Rajasthan Prisoners
(Release on Parole) Rules, 1958. On 22.01.2021, the petitioner
through his wife has submitted an application for grant of
emergent parole, which is still pending adjudication before the
appropriate Authority. He only prays for expeditious disposal of
the emergent parole application pending with the Parole
Committee/respondents.
Having regard to the submissions made by the learned
counsel for the parties, the Parole Committee / respondents are
directed to decide the emergent parole Application of the
petitioner forwarded on 22.01.2021 and if pending, expeditiously
but not later than three weeks from the date of receipt of certified
copy of this order.
Petition stands disposed of accordingly.
(CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J
Ashish Kumar /16
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