Rajasthan High Court - Jodhpur
Mohd. Mohseen Khan @ M.M. Khan vs State Of Raj on 23 May, 2013
Bench: Dinesh Maheshwari, Vijay Bishnoi
D.B. PAROLE PETITION NO. 4917/2013.
Anjum Khan W/o Mohd. Mohseen Khan
Vs.
State of Rajasthan
(alongwith another parole)
// 1 //
48 D.B. PAROLE PETITION NO. 4917/2013.
Anjum Khan W/o Mohd. Mohseen Khan
Vs.
State of Rajasthan
..
49 D.B. PAROLE PETITION NO. 4918/2013.
Mohd. Mohseen Khan @ M.M. Khan
Vs.
State of Rajasthan
..
Date of Order :: 23rd May 2013.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE VIJAY BISHNOI
By Post.
Mr. K.R. Bishnoi, Government Counsel.
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BY THE COURT:
Though the prayer in these letter petitions, one by wife and second by the petitioner prisoner, is for grant of parole but, the learned Government Counsel submits on instructions that the appeal on behalf of the prisoner concerned against the conviction is pending.
In Civil Reference No.1/2013: Ramesh Kumar Vs. State of Rajasthan & Ors., answered on 16.04.2013, the Larger Bench of this Court has answered the reference as under:-
Accordingly and in view of the above, the answer of this Bench to the question of law referred for adjudication is in the negative. In other words, the right of an accused/prisoner/convict to be released on parole cannot be considered by the State Government under the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 during the pendency of any appeal filed by him/her against his/her conviction.
D.B. PAROLE PETITION NO. 4917/2013. Anjum Khan W/o Mohd. Mohseen Khan Vs. State of Rajasthan (alongwith another parole) // 2 // In the aforesaid view of the matter, the parole plea on behalf of such a prisoner, whose appeal against conviction remains pending, cannot be considered by the State Government under the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958.
Therefore, these petitions are required to be, and are hereby, dismissed.
However, in the interest of justice, it is made clear that dismissal of the present petitions shall not be of any prejudice to the prisoner concerned in taking recourse to other appropriate remedies in accordance with law.
(VIJAY BISHNOI),J. (DINESH MAHESHWARI),J. /Mohan/ D.B. PAROLE PETITION NO. 4917/2013. Anjum Khan W/o Mohd. Mohseen Khan Vs. State of Rajasthan (alongwith another parole) // 3 // 49 D.B. PAROLE PETITION NO. 4918/2013.
Mohd. Mohseen Khan @ M.M. Khan Vs. State of Rajasthan ..
Date of Order :: 23rd May 2013.
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI By Post.
Mr. K.R. Bishnoi, Government Counsel.
<><><> Vide common order made in D.B. Parole Petition No. 4917/2013 : Anjum Khan W/o Mohd. Mohseen Khan Vs. State of Rajasthan.
(VIJAY BISHNOI),J. (DINESH MAHESHWARI),J. /Mohan/