Rajasthan High Court - Jodhpur
Hasmat Ali vs State Of Rajasthan on 31 May, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 273/2021
Hasmat Ali S/o Shri Aamin Ali, Aged About 33 Years, By Caste
Musalman, R/o Village Kirat Pura, Tehsil Badi Sadri, P.s. Badi
Sadri, District Chittorgarh.
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.
2. The Director General Jail, Jaipur.
3. The District Collector, Chittorgarh.
4. The Superintendent, Central Jail, Udaipur.
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati, Adv. through VC
For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG (VACATION
JUDGE)
Judgment / Order
31/05/2021
Heard.
Issue notice. Ms. Anita Gehlot, Public Prosecutor accepts
notice on behalf of the respondents.
With the consent of the learned counsel for the parties, the
matter is being heard and decided today.
The convict-petitioner Hasmat Ali S/o Shri Aamin Ali was
granted second parole for 30 days vide recommendation dated
11.05.2021. He furnished the bail bonds and was released from
custody on 11.05.2021 requiring him to surrender back at the
Central Jail, Udaipur on 09.06.2021.
(2 of 3) [CRLW-273/2021]
This parole writ petition has been moved by the convict-
petitioner seeking extension of the date of surrender/period of
parole.
This Court feels that the prayer for extension of parole period
made by the petitioner has to be accepted in light of the
mandatory guidelines laid down by Hon'ble the Supreme Court in
Suo Moto Writ (Civil) Petition No.01/2020; In Re : Contagion of
Covid-19 Virus in Prisons wherein, it has been directed as below:-
"10. Second, the rapid proliferation of the virus amongst
the inmates of congested prisons is a matter of serious
concern. The High Powered Committees constituted by
the State Governments/Union Territories shall consider
release of prisoners by adopting the guidelines (such as
inter alia, SOP laid down by NALSA) followed by them
last year, at the earliest. Such of those States which
have not constituted High Powered Committees last
year are directed to do so immediately. Commissioner of
Police Delhi shall also be a member of the High Powered
Committee, Delhi.
11. Third, due to the immediate concern of the raging
pandemic, this court has to address the issue of de-
congestion. We find merit in the submission of Mr. Colin
Gonsalves, learned Senior Counsel appearing on behalf
of the applicant, that the High-Powered Committee, in
addition to considering fresh release, should forthwith
release all the inmates who had been released earlier
pursuant to our order dated 23.03.2020, by imposing
appropriate conditions. Such an exercise is mandated in
order to save valuable time.
12. Fourth, further we direct that, those inmates who
were granted parole, pursuant to our earlier orders,
(3 of 3) [CRLW-273/2021]
should be again granted a parole for a period of 90 days
in order to tide over the pandemic."
Consequently, the parole period of the convict-petitioner
Hasmat Ali S/o Shri Aamin Ali is extended by 90 days from
09.06.2021. He shall surrender back at the Central Jail, Udaipur
on 07.09.2021.
The parole writ petition is allowed accordingly.
(MANOJ KUMAR GARG), VJ
69-MS/-
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