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1 - 10 of 12 (0.32 seconds)The Prisons Act, 1894
Dharani Sugars And Chemicals Ltd vs Union Of India on 2 April, 2019
8. This Court in case of Ratan Das Vs. State of Chhattisgarh &
others1, considering the provisions of the Act, 1900, the Rules,
1989, relied upon judgments passed by Hon'be the Supreme
Court in State of Maharashtra & another Vs. Suresh
Pandurang Darvakar2, Dharani Sugars & Chemicals Limited
Vs. Union of India & others3 and Asfaq Vs. State of
Rajasthan & others4, as well as judgment passed by the
Coordinate Bench of this Court, held in para 16 & 17, which are
extracted below:-
Asfaq vs The State Of Rajasthan on 11 September, 2017
"16. From the above discussion, considering the
Rules, 1989 and also the law laid down by Hon'ble
the Supreme Court in above mentioned judgments,
Asfaq (Supra), it is clear that the authority while
allowing or rejecting the application of the prisoner
for leave on parole, has to consider the parameters
laid down in the Rules, 1989. From the facts of the
present writ petition, it is clear that there is no such
consideration made, therefore, the decision making
process of the authority suffers from non-
application of mind and deviation from the standard
procedure prescribed under the Rules, 1989, as
such, order dated 30.12.2020 rejecting the parole
of the petitioner is liable to be quashed.
Article 226 in Constitution of India [Constitution]
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Ratan Das vs State Of Chhattisgarh on 30 July, 2021
8. This Court in case of Ratan Das Vs. State of Chhattisgarh &
others1, considering the provisions of the Act, 1900, the Rules,
1989, relied upon judgments passed by Hon'be the Supreme
Court in State of Maharashtra & another Vs. Suresh
Pandurang Darvakar2, Dharani Sugars & Chemicals Limited
Vs. Union of India & others3 and Asfaq Vs. State of
Rajasthan & others4, as well as judgment passed by the
Coordinate Bench of this Court, held in para 16 & 17, which are
extracted below:-