Rajasthan High Court - Jaipur
Mohammed Afaq Khan vs State Of Rajasthan And Ors on 10 April, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ No. 290/2018
Mohammed Afaq Khan S/o Late Shri Mohammed Maqsood, R/o
401/79, Badari, Abdul Aziz Road, Chautaiyan, Ps Shadat Ganj,
Lucknow, Up, At Present Lodged In Central Jail, Jaipur, Raj.,
Through His Brother Mohammed Kalaam Khan S/o Late Shri
Mohammed Maqsood, R/o 426/80, Wazir Ganj, Rustom Nagar,
Lucknow 226003, Up.
----Petitioner
Versus
1. State Of Rajasthan Through Government Advocate.
2. The Superintendent, Central Jail, Jaipur.
3. The District Parole Advisory Committee Through The
District Magistate, Jaipur, Raj.
4. Union Of India, Through Spp.
----Respondents
For Petitioner(s) : Shri Nishant Vyas and Shri Mujahid Ahmed For Respondent(s) : Shri R.D. Rastogi, Addl. Solicitor General with Shri Pankaj Sisodiya HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 10/04/2018 This petition has been filed by the petitioner for his release on regular first parole.
During the course of arguments, learned counsel for the petitioner submits that after filing of the petition, the mother of the petitioner has died on 6.3.2018. Petitioner should therefore be released on emergent parole for five days to attend her 40 th day ceremony on 14.4.2018. He has relied on the judgement of Apex Court in the case of Asfaq vs. State of Rajasthan & Ors.-(2017)15 (2 of 2) [CRLW-290/2018] SCC 55 to argue that there is no impediment in law for grant of parole to those convicted under TADA.
Since there is no prayer in the present petition for release of the petitioner on emergent parole, we do not deem it appropriate to directly entertain such prayer in this petition. However, it would be open for the petitioner to apply for his release on emergent parole to attend the 40th day death ceremony of his mother, which is scheduled to take place on 14.4.2018 before the competent authority of the Central Government, which shall decide such application preferably before 14.4.2018 considering that the fact that the 40th day death ceremony of the mother of petitioner is scheduled to take place on that date.
Shri R.D. Rastogi, learned Additional Solicitor General further prays for time to file reply to the main petition.
The matter be listed on 23.04.2018.
(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J RS/101