Karni Dan Vs. State of Rajasthan

Karni Dan vs State of Rajasthan

Disposition Petition allowed Court Rajasthan Decided Apr 04, 1990

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Citation: sooperkanoon.com/761530
Court: Rajasthan High Court
Judge: M.C. Jain, Actg. C.J. and; R.S. Verma, J.
Decided On: Apr 04, 1990
Case Number: D.B. Civil Writ Petition (Habeas Corpus) No. 1079 of 1990
Subject: Criminal
Disposition: Petition allowed

Case Summary

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

Penal Code - Sections 302, 394 & 448--Sentence--Accused served 11 & 3 months and given remision of 4 years and 4 months--Held, it is fit case for consideration by Advisory Board--State Government is directed to constitute Advisory Board for consideration of petitioner's case within 3 months;Petition Allowed -

Key legal issue: Criminal
Outcome / disposition: Petition allowed

Parties & Advocates

Appellant / Petitioner

Karni Dan

Respondent

State of Rajasthan

Legal References

Reported In: 1990WLN(UC)51

Excerpt

penal code - sections 302, 394 & 448--sentence--accused served 11 & 3 months and given remision of 4 years and 4 months--held, it is fit case for consideration by advisory board--state government is directed to constitute advisory board for consideration of petitioner's case within 3 months;petition allowed - r.s. verma, j.1. the petitioner is serving sentence on having been convicted for the offence under sections 302, 394, 448, ipc and section 27 of the arms act.2. admittedly, the petitioner has served sentence for a period of 11 years and 3 months and he has been granted remission of 4 years and 4 months. the total period of his custody, therefore, comes to 15 years 5 months and 16 days as stated in the schedule annexed with the return. the petitioner's case has become fit for consideration by the advisory board has not so far been constituted. in these circumstances, we think it proper to directed the respondents to constitute the advisory board and further to directed that the petitioner case be considered by the-advisory board within period of three months failing which it would be appropriate to allow the petitioner to be released on bail.3. accordingly, this writ petition is allowed and the respondent state is directed to get the petition's case considered by the advisory board within three months by constitution of the advisory board. in case the petitioner's case is not considered by the advisory board with a period of three months, it is directed that the petitioner-be released on bail on his furnishing a personal bond in the sum of rs. 5,000/- with two sureties in the sum of rs. 2,500/- to the satisfaction of the superintendent, central jail, jodhpur.

Full Judgment

R.S. Verma, J.

1. The petitioner is serving sentence on having been convicted for the offence Under Sections 302, 394, 448, IPC and Section 27 of the Arms Act.

2. Admittedly, the petitioner has served sentence for a period of 11 years and 3 months and he has been granted remission of 4 years and 4 months. The total period of his custody, therefore, comes to 15 years 5 months and 16 days as stated in the Schedule annexed with the return. The petitioner's case has become fit for consideration by the Advisory Board has not so far been constituted. In these circumstances, we think it proper to directed the respondents to constitute the Advisory Board and further to directed that the petitioner case be considered by the-Advisory Board within period of three months failing which it would be appropriate to allow the petitioner to be released on bail.

3. Accordingly, this writ petition is allowed and the respondent State is directed to get the petition's case considered by the Advisory Board within three months by constitution of the Advisory Board. In case the petitioner's case is not considered by the Advisory Board with a period of three months, it is directed that the petitioner-be released on bail on his furnishing a personal bond in the sum of Rs. 5,000/- with two sureties in the sum of Rs. 2,500/- to the satisfaction of the Superintendent, Central Jail, Jodhpur.

Same Court & Year Rajasthan · 1990 Same Parties Karni Dan vs State of Rajasthan Same Subject Criminal Same Judge M.C. Jain, Actg. C.J. and; R.S. Verma, J.

Criminal