Rajasthan High Court - Jaipur
Chhajuram S/O Shri Laxminarayan Bairwa vs The State Of Rajasthan Through ... on 5 May, 2022
Bench: Pankaj Bhandari, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition(Parole) No. 261/2022
Chhajuram S/o Shri Laxminarayan Bairwa, R/o Nichla Bas,
Bairwo Ka Mohalla, Patan, Police Station Tunga, Distt Jaipur
(Raj.) ( At Present Confined In Open Air Camp Sanganer (Jaipur)
( Through His Nephew Pheliram Bairwa S/o Ramkishan Bairwa
Aged About 19 Years, Raghunathpura, Agra Road, Police Station
Kanota, District Jaipur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan Through Inspector General Of
Prisons, Directorate Prisons, Ghatgate, Jaipur (Raj.)
2. District Magistrate, Jaipur Office At Collectorate, Jaipur
(Raj.)
3. Superintendent Central Jail, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. T.C. Swami
For Respondent(s) : Mr. N.S. Gurjar, Assistant Govt.
Advocate
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
05/05/2022
1. Petitioner has preferred this criminal writ petition(parole)
seeking emergent parole on the ground of marriage of niece of
petitioner which is scheduled to take place on 10.05.2022.
2. Counsel for the petitioner has placed reliance upon Nand Lal
vs State & Ors., D.B. Criminal Writ Petition No.10/2022,
wherein the Division Bench of the High Court released prisoner on
parole on the ground of his wife to have progeny, considering the
religious philosophies, cultural, sociological and humanitarian
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(2 of 2) [CRLW-261/2022]
aspects, coupled with the fundamental right guaranteed by the
Constitution of India.
3. Learned Assistant Govt. Advocate has opposed the criminal
writ petition(parole).
4. We have considered the contentions and have perused the
judgment relied upon by the counsel for the petitioner.
5. Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021, deals with emergent parole. As per sub-clause(iv) of Clause 1 of Rule 11, emergent parole can be granted in case of marriage of a prisoner, his/her son or daughter or his/her brothers/sister in case his/her parents are not alive, there is no provision with regard for release of any prisoner on emergent basis on account of marriage of his/her niece.
6. From perusal of the marriage card, it is evident that there are sufficient number of relatives in the family of the bride to perform the necessary rituals of marriage, hence, we are not inclined to apply Nand Lal vs State(supra) in this case.
7. Criminal Writ Petition is accordingly, dismissed. (ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J HEENA/03 (Downloaded on 24/12/2022 at 08:50:10 PM) Powered by TCPDF (www.tcpdf.org)