Citation : 2021 Latest Caselaw 17065 Raj
Judgement Date : 16 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 560/2021
Rajveer Singh S/o Sh. Banveer Singh, Aged About 30 Years, at
present lodged in Open Air Camp Sanganer under Central Jail,
Jaipur, through his mother Smt. Indra Kanwar W/o Banveer
Singh, aged about 62 Years, R/o Kachola, P.S. Kachola, Dist.
Bhilwara.
----Petitioner
Versus
1. State of Raj., Dept. of Home, Rajasthan, Jaipur.
2. The District Collector, Bhilwara.
3. The District Collector, Jaipur.
4. The Superintendent, Central Jail, Jaipur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG
(Incharge)
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
16/11/2021
By the Court : Per HON'BLE JAIN, J.
The emergent parole writ petition of convict Rajveer Singh
S/o Shri Banveer Singh at present lodged in Open Air Camp,
Sanganer under Central Jail, Jaipur has been filed under Rule 11
of the Rajasthan Prisoners Release on Parole Rules, 2021 for
releasing him on emergent parole for a period of 40 days.
It is important to submit that the petitioner has also filed an
application for regular parole of 40 days before the learned District
(2 of 3) [CRLW-560/2021]
Collector, Chairman District Parole Committee, Jaipur which is
lying pending as on date.
The prisoner was convicted for the offences punishable under
Section 302/34, 307/34, 452, 326/34, 341, 323 of IPC and was
sentenced for life imprisonment vide judgment dated 08.10.2015
in Sessions Case No.1/2012 (61/2012) against which an appeal
was preferred before this Court and the same was dismissed vide
judgment dated 21.10.2019.
The petitioner is in jail for approximately 10 years and his
marriage is fixed on dated 21.11.2021 with Ms. Kiran Kanwar and
the marriage function will start with effect from 17.11.2021 as per
marriage card marked as Annexure-1.
On the instance of learned counsel for the petitioner and
looking to the urgency in the matter and being informed that
father of the convict has died on 15.11.2021 which is duly verified
by Police Station Kachola, District Bhilwara, to meet out the ends
of justice, this Court deemed it fit to consider the matter instantly
and to consider the prayer on regular parole rather than on
emergent parole.
It is admitted position that the petitioner was granted first
parole of 20 days from 18.10.2017 to 06.11.2017 and second
parole of 30 days on dated 01.10.2019 by this Court and third
parole of 40 days from 29.07.2020 to 06.09.2020 by learned
District Collector, Bhilwara and during grant of parole period,
conduct of the petitioner was satisfactory and he is presently
lodged in Open Air Camp, Sanganer, Jaipur.
One year period has lapsed ever since the last parole and the
convict is entitled for a regular parole of 40 days. His application
in this regard is pending before District Parole Committee, Jaipur.
(3 of 3) [CRLW-560/2021]
In the facts and circumstances, we deem it fit to grant
regular parole of 40 days to the convict since the date of release
which should be done immediately looking to the fact of his
marriage on 21.11.2021 and death of his father on 15.11.2021,
on furnishing a personal bond of Rs. 50,000/- with one surety only
for a sum of Rs.25,000/- to the satisfaction of the Competent
Authority in the Central Jail, Jaipur. Other terms and conditions as
applicable may be asked by for the Jail authorities as required.
As a result, the present writ petition is allowed in above
terms.
(SAMEER JAIN),J (SANDEEP MEHTA),J
26-amit/-
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