Rajasthan High Court - Jaipur
Smt Saroj Kanwar vs State (Home Department ) Ors on 14 September, 2012
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER Smt. Saroj Kanwar Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.14177/2012) S. B. Civil Writ Petition under Article 226 of the Constitution of India. Date of Order: September 14, 2012. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA Mr. Lokesh Sharma, for the petitioner. Mr. G.S. Rathore, GC for the State. BY THE COURT:
This petition has been filed with the prayer that the petitioner Saroj Kanwar be ordered to be released from Judicial custody for a period of at least thirty days to perform last rites of her husband Narendra Singh, who expired on 11-9-2012 while in judicial custody.
It is admitted fact as stated in writ petition, that the petitioner is in judicial custody in FIR No.345/2011 registered at Police Station Vidhayakpuri, Jaipur Metropolitan City for offences under Sections 420, 406, 467, 468, 471 and 120B IPC. Challan in the matter has been filed and the petitioner is presently under trial. The bail application of the petitioner has been rejected both by the trial court and this court as informed by counsel for the petitioner.
Having heard learned counsel for the parties and perused the material available on record, in my considered view the prayer made in writ petition cannot be accepted, as the petitioner has the remedy to move an application for interim bail before the competent criminal court in the extraordinary circumstances presently obtaining. The remedy of moving application for interim bail being available, in my considered view the writ petition with the prayer to be released from judicial custody for a period of thirty days is misdirected and not maintainable.
At this stage, Mr. Lokesh Sharma, learned counsel for the petitioner submits that this court should consider the case of the petitioner for emergent parole with reference to Rule 10A of the Rajasthan Prisons (Release on Parole) Rules, 1958.
No such prayer had been made in the writ petition and the same cannot be thus countenanced. Even otherwise in the case of Umesh Kumar Singh @ Munna Singh Vs. State of Rajasthan [D.B. Civil Writ Petition (Parole) No.2138/2011] decided on 15-6-2012 by the Hon'ble Division Bench of this Court it has held that it is only on the conclusion of the judicial function that other executive function of releasing the accused on parole etc. are to be exercised.
At this stage, learned counsel for the petitioner further submits that since the last rites of petitioner's husband Narendra Singh following his death are to be performed the petitioner may be allowed to pursue an application allegedly filed on 12-9-2012 before the Inspector General of Prisons, Jaipur, to allow the petitioner in police custody to visit the place at Jaipur where the last rites of her late husband are being held between 8.00 am and 6.00 pm on 15-9-2012.
The submission is innocuous. In this view of the matter, in the extraordinary circumstances of the case, it is directed that the application dated 12-9-2012 be considered and decided forthwith by the Inspector General of Prisons, Jaipur in accordance with the obtaining Rules/ Circular, and if the petitioner is allowed to visit the place at Jaipur where the last rites of her husband are being performed (between 8.00 am and 6.00 pm on 15-9-2012) in police custody including a complement of lady police officers and adequate security be provided for to ensure that the petitioner is brought back to the concerned jail by 6.30 pm on 15-9-2012.
In view of above the writ petition stands disposed of.
(Alok Sharma),J.
arn/ All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.