Devlata Kanwar vs State
2021 Latest Caselaw 9547 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 45/2021

Devlata Kanwar, W/o Late Shakti Singh, By Caste Rajput, R/o Parsoli Police Thana Parsoli District Chittorgarh (Raj.). (At Present Lodged In Central Jail Udaipur).

----Petitioner Versus

1. State, Through Secretary, Home Dept. Jaipur.

2. Collector, Udaipur.

3. Superintendent, Central Jail, Udaipur.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati (through VC) For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

25/05/2021

The instant parole writ petition has been filed by the convict-

petitioner Smt. Devlata Kanwar seeking to assail the adverse

recommendations dated 13.11.2019 whereby the application for

first parole filed by the convict-petitioner has been rejected.

We have heard and considered the submissions advanced at

bar and have gone through the material available on record.

It is an admitted position on record that there is no relative

or other known person with whom, the petitioner would be able to

stay in case she is released on parole. It is also admitted that the

petitioner does not have any property in her name. This Court was

apprised that there was a lady named Ramkanya with whom, the

petitioner was desirous of staying if released on parole. However,

(2 of 2) [CRLW-45/2021]

on a perusal of the record, more particularly, the report of the

Social Welfare Department, it becomes clear that the said lady

Ramkanya, resident of Bhinder has refused to keep the present

petitioner with herself.

In this background, it is apparent that in case the petitioner

is released on parole, there would be no place for her to go and

she would have to face destitution. Accordingly, we are of the

opinion that the petitioner cannot be granted parole because such

a course of action would impair her own safety and well-being.

Thus, the instant writ petition is dismissed as being devoid of

merit.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

9-Sudhir Asopa/-

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