Rajasthan High Court - Jaipur
Manish Kumar S/O Pyarelal vs State Of Rajasthan on 14 September, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 597/2022
Manish Kumar S/o Pyarelal, R/o Ward No. 33, Near Veer Balaji
Mandir, Nawalgarh, Police Station Nawalgarh, Distt. Jhunjhunu
(Raj.) ( At Present Serving His Sentence In Central Jail Bikaner)
Through His Father Pyarelal S/o Shri Jugal Kishore, Aged About
43 Years, R/o Ward No. 33, Near Veer Balaji Mandir, Nawalgarh,
Police Station Nawalgarh, Distt. Jhunjhunu (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Home
Government Secretariat, Jaipur.
2. Superintendent Central Jail, Bikaner.
----Respondents
For Petitioner(s) : Mr. Santosh Kumar Soni For Respondent(s) : Mr. Javed Choudhary, Additional Govt.
Advocate HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Order 14/09/2022
1. Petitioner has preferred this writ petition(parole) for grant of emergent parole to the petitioner on the ground of appearing in examination to held by National Institute of Open Schooling.
2. It is contended by counsel for the petitioner that earlier also his application was allowed by the Court.
3. Learned Additional Govt. Advocate has brought to the notice of the Court of a circular issued by DG(Jail) dated 03.11.2009 which provides for permitting the accused who are confined in jail, after having convicted by the Court to appear in examination. (Downloaded on 17/09/2022 at 09:20:07 PM)
(2 of 2) [CRLW-597/2022] Proper procedure has been laid down in the circular dated 03.11.2009.
4. We have considered the contentions.
5. Since the authority has already provided a procedure to be followed in a case where an accused is keen to appear in examination, hence, we are not inclined to invoke the parole provisions as there is no provision as such under the Rajasthan Parole Rules for grant of parole for appearing in examination.
6. Criminal Writ Petition(Parole) is accordingly, dismissed.
7. However, petitioner is free to approach the competent authority and avail the alternative remedy available to him. (SAMEER JAIN),J (PANKAJ BHANDARI),J HEENA/33 (Downloaded on 17/09/2022 at 09:20:07 PM) Powered by TCPDF (www.tcpdf.org)