Rajasthan High Court - Jaipur
Smt Sadhna vs State Of Rajasthan And Anr on 3 July, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Criminal Writ Petition (Parole) No. 438/2018
Smt. Sadhna Wife of Shri Sanjay Gandhi Daughter of Late Shri
Nanu Singh, aged about 35 years, by caste Rajput (Thakur)
resident of Plot No. 416, 78, Sector, C-Scheme, Indore, Police
Station Lasuriya, District Indore (M.P.) (at present serving
sentence in Open Air Camp Sanganer, Jaipur)
----Petitioner
Versus
1. State of Rajasthan through Director General, Directorate
Prison, Rajasthan, Jaipur.
2. The Superintendent, Central Jail, Jaipur.
----Respondents
For Petitioner(s) : Mr. Lakhan Singh Tomar. For Respondent(s) : Mr. Pankaj Shishodiya, Assistant G.A. HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 03/07/2018 This parole writ petition has been filed by the petitioner with the prayer that the respondents may be directed to release the petitioner on permanent parole.
Learned counsel for the petitioner contended that the petitioner is serving her sentence of life imprisonment in Open Air Camp, Sanganer, Jaipur consequent upon her conviction and sentence by learned Additional District Judge No. 1, Bhilwara vide judgment dated 07.02.2007 in Sessions Case No. 34/2004 (2 of 3) [CRLW-438/2018] (71/2005) for offence under Sections 302/34, 382/149, 120B and 396/149 IPC and sentenced to life imprisonment. Against the aforesaid judgment, the petitioner preferred D.B. Criminal Appeal No. 522/2007 which was dismissed by this Court on 19.11.2010. The petitioner is in judicial custody since her conviction. Thus, she has remained behind the bars fore more than 14 years. The conduct and behaviour of the petitioner in jail has been good and unblemished. There is no complaint against her. The petitioner has availed parole of 15 days and did not misuse the liberty granted to her. The petitioner submitted an application for permanent parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 through the Superintendent, Central Jail, Jaipur. However, application has not been considered by the District Parole Advisory Committee concerned on the ground that report of the petitioner from the District Magistrate, Indore, M.P., Superintendent of Police, Indore, M.P. and District Probation Officer, Indore, M.P. were not received. It is contended that the petitioner is having her family and required to be released on permanent parole to discharge liability of the family.
Learned Assistant Government Advocate appearing on behalf of the respondents opposed the petition and contended that since the application of the petitioner is still pending before the concerned District Parole Advisory Committee, therefore, direction may be issued to the concerned Committee to decide the same expeditiously.
Having heard learned counsel for the petitioner and learned Assistant Government Advocate and considering the facts of the case, present parole writ petition is disposed of with direction to the concerned District Parole Advisory Committee to (3 of 3) [CRLW-438/2018] decide the application of the petitioner for grant of permanent parole within a period of two months from the date of production of copy of this order before it.
(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J Manoj/1 Powered by TCPDF (www.tcpdf.org)