Rajasthan High Court
Anil Kumar Son Of Shri Pooran Singh vs State Of Rajasthan on 10 November, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 491/2022
Anil Kumar Son Of Shri Pooran Singh, Aged About 32 Years,
Resident Of Noorpur, Police Station Kathumar, Tehsil Kathumar
Distt. Alwar Rajasthan At Present Confined In Special Central Jail
Shyalawas Distt. Dausa Rajasthan Through His Wife Seema W/o
Anil Aged About 29 Years, Resident Of Noorpur, Police Station
Kathumar, Tehsil Kathumar, Distt. Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Inspector General, Prison,
Jaipur.
2. The Superintendent Special Central Jail, Shyalawas, Distt.
Dausa.
3. The District Collector, Alwar
----Respondents
For Petitioner(s) : Mr. Lakhan Singh Tomar
For Respondent(s) : Mr. Atul Sharma, Dy.G.A.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
10/11/2022
1. Petitioner has preferred this writ petition (parole) seeking
release on first parole for twenty days.
2. It is contended by counsel for the petitioner that petitioner
earlier also applied for emergent parole which application was
rejected as the marriage card was found to be forged by the Court
and F.I.R. was also registered in which petitioner and his brother
were made accused. Both have been granted bail in that case. It is
also contended that petitioner has remained in custody for a
(2 of 3) [CRLW-491/2022]
period of eleven years seven months & twenty four days and the
jail record of the petitioner is also satisfactory.
3. Reply has been filed on behalf of the State.
4. Learned Deputy Government Advocate appearing for the
State has contended that petitioner initially in the year 2013 tried
to escape from the hospital. Thereafter, he had produced forged
marriage card to obtain emergent parole. Looking to his conduct,
his parole application was rejected.
5. We have considered the contentions.
6. Looking to the fact that petitioner has remained in custody
for a period of eleven years, seven months & twenty four days and
as per the jail record, his conduct is satisfactory, the objection of
the adverse report of S.P. and Social Welfare Officer was
considered by the Division Bench of this Court in "Ramji Lal @
Ramjya Vs. State of Rajasthan" WLC 2007 (4) WLC 507 and
parole was granted. In light of the above, this Court deems it
proper to allow the writ petition (parole).
7. Consequently, the writ petition (parole) stands allowed. The
recommendation of the Parole Advisory Committee dated
01.06.2022 qua the present petitioner is quashed and set aside.
The Jail Authorities are directed to release the petitioner on first
regular parole for a period of twenty days, on furnishing his
personal bonds of Rs.1,00,000/- with one surety of like amount in
the form of Bank Guarantee drawn in favour of Superintendent
Special Central Jail Shyalawas Distt. Dausa with the stipulation
that he shall surrender himself before the Jail Authority on expiry
of twenty days and shall maintain peace and tranquility during
parole period.
(3 of 3) [CRLW-491/2022]
8. In case of failure to surrender by petitioner on stipulated
date, the Jail Authority shall proceed in accordance with law and
the surety amount shall stand forfeited.
9. A copy of this order be sent to the Jail Authorities as well as
the petitioner through Jail Authority for compliance.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
ARTI SHARMA /5
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