Rajasthan High Court - Jaipur
Kadu Alias Mahendra vs State (Home Department)Ors on 17 April, 2012
Author: Dalip Singh
Bench: Dalip Singh
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Civil Writ Petition [Parole] No.5251/2012 Kadu @ Mahendra Versus State & Ors. DATE OF ORDER : 17/04/2012 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. Anshuman Saxena, for petitioner
Mr. J.R. Bijarnia, Addl. GA, for the State *** This is a petition for release on emergent parole by the petitioner-prisoner who is serving the sentence as a result of his conviction by the Additional Sessions Judge (Fast Track), Gangapurcity vide judgment dated 28.08.2001 for offence under Sections 302/34 and 364 IPC. The emergent parole has been sought under Rule 10A on the ground of marriage of the prisoner-petitioner himself.
Notice was given to the learned Counsel for the respondents, who have filed the reply. In the reply, it has been stated that the facts mentioned in the petition are correct and the petitioner is about to marry with Ramdhani D/o Shri Shyamlal Gurjar on 25th April, 2012.
In the facts and circumstances and in view of the provisions contained in Rule 10A(i)(4), this petition deserves to be allowed.
Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Bharatpur to immediately release the petitioner namely; Kadu @ Mahendra S/o Shri Ramesh Chand Gurjar on 15 days emergent parole for the purpose of his own marriage, which shall commence from the date of his release, upon furnishing personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Bharatpur on usual terms and conditions and as per rules. The Superintendent, Central Jail, Bharatpur shall also fix the date for surrender of the accused-petitioner.
[S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA5251DBCW(parole)2012 17-04.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A