Smt. Manee Vs. State of Raj

Smt. Manee vs State of Raj

Type Court Judgment Court Rajasthan Jodhpur Decided Jul 31, 2014

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Citation: sooperkanoon.com/1160409
Court: Rajasthan Jodhpur High Court
Decided On: Jul 31, 2014
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Smt. Manee

Respondent

State of Raj

Excerpt

.....to mention that the petitioner convict-prisoner is undergoing life term imprisonment, being convicted by the judgment dated 8.12.2004 for the offence punishable under sections 302 and 201 i.p.c.she has already served sentence for a period of 13 years.09 months and 21 days (including jail as well as [2].state remission) as on 30.6.2014. in the period of 13 years.09 months and 21 days including jail as well as state remission she has not availed even a single parole. from the facts averred in the minutes of the district parole advisory committee and also looking to the remission earned, it is apparent that the jail conduct of the petitioner is satisfactory. it is also not in dispute that she is resident of tribal sub-plan area and is also a member of aboriginal community. looking to these facts, we deem it appropriate to accept this petition for writ. accordingly, this petition for writ is allowed. the respondents are directed to release petitioner smt. mani w/o. shri ramesh meena to avail 20 days firs.regular parole as per provisions of rajasthan prisoners release on parole rules, 1958 provided she furnish a personal-bond of rs.50,000/- to the satisfaction of superintendent, central jail, jodhpur. the superintendent, central jail, jodhpur while releasing the convict-prisoner on parole shall be at liberty to impose other reasonable and adequate conditions to ensure her return to state custody after availing parole. the registry of this court is directed to send a certified copy of this order to the superintendent, central jail, jodhpur with a specific direction to convey decision of this court to convict-prisoner within a period of three days from the date of receipt of the order. [atul kumar jain]., j. [govind mathur]., j. sanjay

Full Judgment

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

D.B.CIVIL WRIT (PAROLE) PETITION NO.4976/2014 Smt.

Mani versus State of Rajasthan & ORS.Date of Order :: 31.7.2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE ATUL KUMAR JAIN BY POST.

Mr.Vishnu Kachhwaha, Addl.

Government Advocate ..BY THE COURT : The District Parole Advisory Committee, Dungarpur in its meeting dated 23.5.2014 awarded 20 days fiRs.parole to Smt.

Mani W/o.

Shri Ramesh Meena, resident of Mathugamda, Police Station Sadar, District Dungarpur subject to furnishing two sureties of Rs.25,000/- each and a personal-bond of Rs.50,000/-.

The claim of the petitioner is that she is coming from lower echelon of society, being a member of Scheduled Tribe, therefore, she may be permitted to avail parole without furnishing sureties.

Suffice to mention that the petitioner convict-prisoner is undergoing life term imprisonment, being convicted by the judgment dated 8.12.2004 for the offence punishable under Sections 302 and 201 I.P.C.She has already served sentence for a period of 13 yeaRs.09 months and 21 days (including jail as well as [2].State remission) as on 30.6.2014.

In the period of 13 yeaRs.09 months and 21 days including jail as well as State remission she has not availed even a single parole.

From the facts averred in the minutes of the District Parole Advisory Committee and also looking to the remission earned, it is apparent that the jail conduct of the petitioner is satisfactory.

It is also not in dispute that she is resident of tribal sub-plan area and is also a member of aboriginal community.

Looking to these facts, we deem it appropriate to accept this petition for writ.

Accordingly, this petition for writ is allowed.

The respondents are directed to release petitioner Smt.

Mani W/o.

Shri Ramesh Meena to avail 20 days fiRs.regular parole as per provisions of Rajasthan Prisoners Release on Parole Rules, 1958 provided she furnish a personal-bond of Rs.50,000/- to the satisfaction of Superintendent, Central Jail, Jodhpur.

The Superintendent, Central Jail, Jodhpur while releasing the convict-prisoner on parole shall be at liberty to impose other reasonable and adequate conditions to ensure her return to State custody after availing parole.

The Registry of this court is directed to send a certified copy of this order to the Superintendent, Central Jail, Jodhpur with a specific direction to convey decision of this court to convict-prisoner within a period of three days from the date of receipt of the order.

[ATUL KUMAR JAIN]., J.

[GOVIND MATHUR]., J.

Sanjay

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties Smt. Manee vs State of Raj Same Subject Land Acquisition