Bhanwari Devi Vs. State of Raj. and ors

Bhanwari Devi vs State of Raj. and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Mar 05, 2014

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https://sooperkanoon.com/case/1132431

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Citation: sooperkanoon.com/1132431
Court: Rajasthan Jodhpur High Court
Decided On: Mar 05, 2014
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Bhanwari Devi

Respondent

State of Raj. and ors

Excerpt

.......this petition for writ is preferred to question correctness of the decision taken by district parole advisory committee, sikar refusing to grant firs.regular parole to the convict prisoner keshar ram as per provisions of rajasthan prisoners release on parole rules, 1958 (hereinafter referred to as 'the rules of 1958').the district parole advisory committee while examining case of convict prisoner considered several facts in relation his conduct in jail. it was noticed that the convict prisoner was facing several criminal cases of serious nature, therefore, it shall not be appropriate to award regular parole to him. this court by the order dated 17.2.2014 directed learned counsel for the petitioner to make available the details relating to cases which were said to be pending against the convict prisoner. learned counsel for the petitioner has shown us photocopies of six judgments wherein the trial court after adjudication has either convicted or acquitted the convict prisoner. 2 having considered all the judgments and also looking to the fact that certain other cases are yet pending trial, we are not inclined to grant this petition for writ at this stage. suffice to mention that an apprehension is also made by the state parole advisory committee about breach of peace and tranquility in the event of grant of parole to the convict prisoner. it is stated that the convict prisoner murdered his real uncle and vengeance is yet existing. looking to all these facts, we do not find any wrong with the decision taken by the district parole advisory committee. the petition for writ is dismissed. however, the convict prisoner shall be at liberty to move an application for grant of parole as per provisions of the rules of 1958 on or after 31.12.2014. [v.k.mathur]., j. [govind mathur]., j. sanjay

Full Judgment

1 D.B.CIVIL WRIT (PAROLE) PETITION NO.1160/2014 Bhanwari Devi versus State of Rajasthan & ORS.DATE OF ORDER

: 05.3.2014 HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE V.K.MATHUR Mr.J.D.Singh Bhati, for the petitioner.

Mr.SK Vyas, Government Advocate ..This petition for writ is preferred to question correctness of the decision taken by District Parole Advisory Committee, Sikar refusing to grant fiRs.regular parole to the convict prisoner Keshar Ram as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958').The District Parole Advisory Committee while examining case of convict prisoner considered several facts in relation his conduct in jail.

It was noticed that the convict prisoner was facing several criminal cases of serious nature, therefore, it shall not be appropriate to award regular parole to him.

This Court by the order dated 17.2.2014 directed learned counsel for the petitioner to make available the details relating to cases which were said to be pending against the convict prisoner.

Learned counsel for the petitioner has shown us photocopies of six judgments wherein the trial court after adjudication has either convicted or acquitted the convict prisoner.

2 Having considered all the judgments and also looking to the fact that certain other cases are yet pending trial, we are not inclined to grant this petition for writ at this stage.

Suffice to mention that an apprehension is also made by the State Parole Advisory Committee about breach of peace and tranquility in the event of grant of parole to the convict prisoner.

It is stated that the convict prisoner murdered his real uncle and vengeance is yet existing.

Looking to all these facts, we do not find any wrong with the decision taken by the District Parole Advisory Committee.

The petition for writ is dismissed.

However, the convict prisoner shall be at liberty to move an application for grant of parole as per provisions of the Rules of 1958 on or after 31.12.2014.

[V.K.MATHUR]., J.

[GOVIND MATHUR]., J.

Sanjay

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties Bhanwari Devi vs State of Raj. and ors Same Subject Right to Information