Rajasthan High Court - Jaipur
Mohammed Salim vs State (Home Department)Ors on 13 November, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER S.B. CIVIL WRIT PETITION (PAROLE) No.7831/2013. Mohammed Salim Vs. State of Rajasthan & Ors. Date of Order :- November 13, 2013. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri J.D.S. Bhati for the petitioner. Shri Paresh Choudhary Public Prosecutor. ****** BY THE COURT:-
This parole petition has been filed seeking release of convict Abdul Gaffar son of the petitioner on parole for a period of twenty days. Convict Abdul Gaffar is a convict for offence under Section 306 IPC pursuant to the judgment dated 24/2/2012 passed by Additional Sessions Judge (Fast Track), Sikar whereby, he was awarded sentence of seven years imprisonment.
Contention of the learned counsel for the petitioner is that the parole committee has rejected the parole application of the petitioner in the mechanical manner, whereas the Superintendent, Central Jail, Bikaner has reported his conducted to be satisfactory.
In reply to the writ petition, the State however has come with the plea that petitioner has been denied parole in view of the Division Bench judgment of this Court in Umesh Kumar Singh @Munna Singh Vs. State of Rajasthan & Ors.
I have heard learned counsel for the parties and perused the material available on record.
So far as the jail conduct of the convict is concerned, it has been reported to be satisfactory by the Superintendent Central Jail, Bikaner and so far as pendency of the criminal appeal in view of Umesh Kumar Singh @Munna Singh supra is concerned, Hon'ble Supreme Court in Special Leave Petition filed by the State of Rajasthan being SLP (Civil) No.19864/2013 (State of Rajasthan & Ors.) Vs. Ramesh Kumar thereafter stayed the operation and effect of the Larger Bench judgment of the Principal Seat at Jodhpur in Ramesh Kumar Vs. State of Rajasthan & Ors. (Larger Bench Civil Reference No.1/2013) dated 16/4/2013, which held that prisoners, whose appeal against conviction is pending, are not entitled to be released on parole. Therefore, there would be no impediment for the respondents to consider the case of the petitioner for his release on parole, even if the criminal appeal against his conviction is pending in the High Court.
In these circumstances, I require the petitioner to file a fresh application for parole along with copy of this order before the Superintendent, Central Jail, Bikaner, who shall forward the same to the District Parole Advisory Committee, which authority shall consider and decide the same in the light of the facts aforestated by a speaking order within a period of two months from the date of submission thereof.
With that direction, the petition is disposed of. A copy of this order be sent to the Superintendent, Central Jail, Bikaner as well as convict Abdul Gaffar.
(MOHAMMAD RAFIQ), J.
Anil/156 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J