Rajasthan High Court - Jaipur
Kedar Lal Meena vs . State Of Raj. & Ors. on 26 May, 2015
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R D.B. Writ Petition (Parole) No.7287/2015 Kedar Lal Meena Vs. State of Raj. & Ors. Date : 26.05.2015 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mrs.Justice Nisha Gupta Mr. Prahlad Sharma Adv., for petitioner. Mrs. Meenakshi Pareek, Dy. GA for respondent.
The convict-petitioner Kedar Lal Meena S/o Late Punyaram has preferred instant petition seeking emergent parole u/R 10-A of Rajasthan Prisoners Release on Parole Rules,1958 for the reason that marriage of his own son Vinod (Pintu) is going to be solemnized on 30.05.2015.
After notices of the present petition came to be served the fact regarding marriage of his own son Vinod (Pintu) has been confirmed by the SHO-PS-Bamanwas, Sawaimadhopur in its report dt.14.05.2015 & so also by the Collector & District Magistrate, Sawaimadhopur in its order dt.14.05.2015. However, the SHO-PS-Bamanwas, Sawaimadhopur has not recommended for grant of emergent parole prayed for on the premise that the convict petitioner was arrested pursuant to warrant of arrest on 09.03.2015 and he is a an accused for an offence u/S 302 IPC and other two co-accused are still absconding & the Collector & District Magistrate, Sawaimadhopur rejected his application for emergent parole on the premise that he surrendered only on 09.03.2015 & has undergone sentence of three months thereafter.
The convict petitioner was convicted by the learned Additional Sessions Judge (Fast Track), Gangapurcity, District Sawaimadhopur & sentenced to life imprisonment against which he preferred appeal no.1454/2002 and his conviction was set aside & he was acquitted by this Court but restored by order of Hon'ble Apex Court vide judgment dt.01.07.2013.
Counsel submits that the reason which has been assigned by the Collector & District Magistrate in its order may not hold good for the present purpose and it is not the case of the respondents that he is not entitled to seek emergent parole u/R 10A of the Rules,1958. After the factum of marriage of his own son has been confirmed & material in support thereof has been placed for our consideration we do not find any difficulty in granting him emergent parole from 28.05.2015-08.06.2015.
Accordingly, the petition stands allowed and the Superintendent, Central Jail Sevar, District Bharatpur is directed to release the convict-petitioner (Kedar Lal Meena S/o Late Punyaram) on emergent parole from 28.05.2015-08.06.2015 provided he furnishes a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Superintendent, Central Jail Sevar, District Bharatpur and shall surrender before the concerned authority by 08.06.2015 at or before 5 pm, failing which the authority may take appropriate action regarding his arrest as provided under the law.
A copy of this order be sent to the petitioner through jail authority for compliance. No costs.
(Nisha Gupta),J. (Ajay Rastogi),J. VS/- Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PAJW