Citation : 2021 Latest Caselaw 6924 Raj/2
Judgement Date : 25 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 1607/2021
Manish Dixit S/o Shri Girish Dixit, Aged About 52 Years, R/o 142,
Milap Nagar Tonk Road Ps Bajaj Nagar Jaipur Raj. (Presently On
Permanent Parole Since Year 2013)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Home Govt.
Secretariat Jaipur
2. The Deputy Secretary, Govt. Of Rajasthan, Department Of
Home (Group-12) Govt. Secretariat Jaipur (Raj.)
3. The Director General Of Prisons, Directorate Prisons
Rajasthan, Ghatgate, Jaipur, (Raj.)
4. The District Magistrate, Jaipur
5. Superintendent Central Jail, Jaipur
----Respondents
For Petitioner(s) : Mr. Anshuman Saxena, Advocate For Respondent(s) : Ms. Rekha Madnani, Public Prosecutor
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
25/11/2021 This writ petition has been filed under Article 226 of the
Constitution of India.
Learned counsel for the petitioner submits that the
petitioner was convicted by the trial court vide judgment dated
18.09.1995 for the offence under Sections 364 read with 120-B,
302, 397 of IPC and Section 7/25 of Arms Act and sentenced to
undergo life imprisonment. He further submits that against the
said judgment, the petitioner preferred D.B. Criminal Appeal No.
(2 of 3) [CRLW-1607/2021]
501/1995 and the same was partly allowed by the Co-ordinate
Bench of this Court. He also submits that thereafter the petitioner
filed the appeal before Hon'ble Supreme Court which was
dismissed vide judgment dated 18.10.2000, and thus, the
judgment passed by the Co-ordinate Bench of this court attained
finality. Learned counsel for the petitioner further submits that the
petitioner has already served more than 26 years of sentence
without remission and more than 30 years with remission and
looking to the good conduct of the petitioner, he was transferred
to the open air camp in 2005. He also submits that considering
good conduct and long length of the petitioner, he was granted
permanent parole by the State vide its order dated 22.02.2013.
He further submits that on 28.03.2021, the State of Rajasthan on
occasion of 'Rajasthan Stapna Diwas dated 30.03.2021' used the
powers and passed the order regarding remitting the sentence of
convict - prisoners and accordingly released number of prisoners
who had already served more than 14 years of sentence but
despite serving long sentence of more than 26 years or 30 years
as the case may be, the petitioner has not been granted the said
benefit. He further submits that the petitioner earlier preferred
D.B. Criminal Writ Petition (Parole) before this Court and the Co-
ordinate Bench of this Court vide its order dated 31.08.2021
dismissed the same as withdrawn and granted liberty to the
petitioner to file a representation before the competent authority.
He further submits that the petitioner has already submitted his
representation on 11.09.2021 to the respondents in this regard
but still the same has not decided. Learned counsel for the
(3 of 3) [CRLW-1607/2021]
petitioner only pays that the respondents may be directed to
decide the petitioner's representation expeditiously.
Having regard to the submissions made by the learned
counsel for the petitioner, the authorities concerned/Parole
Committee are directed to decide the petitioner's representation, if
any pending with them, expeditiously but not later than three
weeks from the date of receipt of certified copy of this order.
The Writ Petition (Parole) stands disposed of
accordingly.
(UMA SHANKER VYAS),J (PRAKASH GUPTA),J
Mohit68
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