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Devi Das Vs. State - Court Judgment

SooperKanoon Citation
CourtRajasthan Jodhpur High Court
Decided On
AppellantDevi Das
RespondentState

Excerpt:


..... the petitioner-prisoner devi das s/o sukhram das soni, at present lodged in central jail at jodhpur, has been convicted for the offence under section 302 ipc in the judgment and order dated 01.03.2006 as passed by the sessions judge, jaisalmer in sessions case no.13/2005. a jail appeal preferred by the petitioner-prisoner, being d.b.cr. jail appeal no.464/2006, remains pending in this court. the petitioner-prisoner has made the submissions in this letter petition that he belongs to a very poor family and after having served the imprisonment for about 9 years.he intends to get shifted to open air camp for looking after his children. the petitioner has further submitted that for the purpose of completing his file, he requires a certified copy of the judgment dated 01.03.2006. the petitioner has made the prayer that certified copy of the judgment delivered by the sessions court may be made available to him. having regard to the submissions made, we have issued notice to the government counsel and heard the matter finally at this stage. parole petition no.2228/2014 2 we have also requisitioned the record of d.b.cr. jail appeal no.464/2006. it appears that in the said jail.....

Judgment:


Parole Petition No.2228/2014 1 40 D.B.Parole Petition No.2228/2014 Devi Das versus State of Rajasthan DATE OF ORDER

: 31st March 2014.

HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE BANWARI LAL SHARMA By post.

Mr.S.K.Vyas, Government Counsel.

<><><> The petitioner-prisoner Devi Das S/o Sukhram Das Soni, at present lodged in Central Jail at Jodhpur, has been convicted for the offence under Section 302 IPC in the judgment and order dated 01.03.2006 as passed by the Sessions Judge, Jaisalmer in Sessions Case No.13/2005.

A Jail Appeal preferred by the petitioner-prisoner, being D.B.Cr.

Jail Appeal No.464/2006, remains pending in this Court.

The petitioner-prisoner has made the submissions in this letter petition that he belongs to a very poor family and after having served the imprisonment for about 9 yeaRs.he intends to get shifted to Open Air Camp for looking after his children.

The petitioner has further submitted that for the purpose of completing his file, he requires a certified copy of the judgment dated 01.03.2006.

The petitioner has made the prayer that certified copy of the judgment delivered by the Sessions Court may be made available to him.

Having regard to the submissions made, we have issued notice to the Government Counsel and heard the matter finally at this stage.

Parole Petition No.2228/2014 2 We have also requisitioned the record of D.B.Cr.

Jail Appeal No.464/2006.

It appears that in the said Jail Appeal, the record of Trial Court has been received.

Having regard to the circumstances of the case, so far the requirement of the petitioner-prisoner of the certified copy of the impugned judgment is concerned, in our view, the same could be met by the directions that the office shall prepare a certified copy of the said judgment from the original record and forward the same to the prisoner concerned.

Ordered accordingly.

So far the case of the petitioner-prisoner for transfer to Open Air Camp is concerned, as at present, we consider it appropriate to direct the respondents to consider his case in accordance with law as and when the matter is ripe for such consideration.

With the directions and requirements aforesaid, this petition stands disposed of.

Office to carry out compliance.

(BANWARI LAL SHARMA),J.

(DINESH MAHESHWARI),J.

cpgoyal/-


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