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Manish Dixit S/O Shri Girish Dixit vs State Of Rajasthan
2021 Latest Caselaw 6924 Raj/2

Citation : 2021 Latest Caselaw 6924 Raj/2
Judgement Date : 25 November, 2021

Rajasthan High Court
Manish Dixit S/O Shri Girish Dixit vs State Of Rajasthan on 25 November, 2021
Bench: Prakash Gupta, Uma Shanker Vyas
       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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