Dilip Singh S/O Bishan Singh vs State Of Rajasthan
2022 Latest Caselaw 7890 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     D.B. Criminal Writ Petition (Emergent Parole) No.
                                   742/2022

Dilip Singh S/o Bishan Singh, R/o                        Nyola Alsisar, District
Jhunjhunu Rajasthan. (At Present Confined In Open Air Camp
Sikar).
                                                                      ----Petitioner
                                      Versus
1.        State   Of      Rajasthan,          Through          Secretary    Home,
          Secretariat, Jaipur.
2.        The District Collector And District Magistrate, Sikar
          (Rajasthan).
3.        Superintendent Of Jail, Sikar (Jail Authority Of Open Air
          Camp Sikar).
                                                                   ----Respondents

For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. G.S. Rathore, G.A.-cum-AAG

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

Judgment / Order

19/12/2022

1. Petitioner has preferred the present criminal writ petition

seeking emergent parole on account of some eye ailment.

2. It is contended by counsel for the petitioner that the

petitioner was shown at Rajkiya Shree Kalyan Chikitsalay, Sikar

and the ophthalmologist at the hospital advised him to consult at

S.M.S. Hospital, Jaipur for complete evaluation. It is further

contended that the Jail Authority has not taken the petitioner to

SMS Hospital, Jaipur for complete evaluation.

3. Reply has been filed on behalf of the State.

(2 of 2) [CRLW-742/2022]

4. There is no mention in the reply as to whether the petitioner

was taken to SMS Hospital, Jaipur for complete evaluation. It is

contended that the present case does not fall under the category

of emergent parole in provision of the Rajasthan Prisoners Release

on Parole Rules, 2021.

5. However, if a patient requires treatment and ophthalmologist

has advised him to consult at SMS Hospital, Jaipur for complete

evaluation, it was the duty of Jail Authority to take the petitioner

to S.M.S. Hospital, Jaipur for complete evaluation. We, therefore,

deem it proper to direct the Jail Authority, Sikar to take the

petitioner to S.M.S. Hospital, Jaipur for complete evaluation.

6. Accordingly, present Criminal Writ Petition (Emergent Parole)

is disposed of.

                                   (SHUBHA MEHTA),J                                          (PANKAJ BHANDARI),J

                                   ARTI SHARMA /10









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