Surja Ram vs State
2022 Latest Caselaw 5517 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Writ Petition No. 97/2022

Surja Ram

----Petitioner Versus State & Ors.

----Respondent

For Petitioner(s) : Mr. Kaluram Bhati. For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

13/04/2022

The convict petitioner filed an application for regular parole

of 40 days which has been rejected by the respondents vide

recommendations dated 28.03.2022 citing a reason that the

petitioner has been convicted for the offence under Section 364

IPC which is a prohibited offence under Rule 16(2)(b) of the

Rajasthan Prisoners Release on Parole Rules, 2021. The convict

petitioner has filed an application in which a specific plea has been

raised that the conviction of the petitioner had been quashed by

the High Court which vide Judgment dated 22.08.2007. The State

Government challenged the said judgment by filing an appeal in

the Supreme Court wherein, the petitioner has been convicted for

the offence under Sections 302 and 201 read with Section 34 IPC

only. Apparently thus, the rejection of the petitioner's parole

application is fraught with gross non-application of mind.

Hence, the recommendations are quashed qua the petitioner

and matter is remanded to the Committee for fresh consideration.

(2 of 2) [CRLW-97/2022]

The District Parole Advisory Committee shall taken into account

the judgment rendered by Hon'ble the Supreme Court while

reconsidering the parole application and shall pass a fresh

reasoned order on the parole application of the petitioner within 7

days from today.

List on 25.04.2022.

(RAMESHWAR VYAS),J (SANDEEP MEHTA),J

8-/Tikam/Devesh/-

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