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2019 Supreme(SC) 629

UDAY UMESH LALIT, M.R.SHAH
Mohammed Shamsuddin – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
For the Appellant : Ratnakar Dash, Sr. Adv., Mohd. Irshad Hanif, Advs.
For the Respondent: Ms. Ruchi Kohli, Ms. Srishti Mishra, Ms. Madhavi Divan, ASG, Rana Mukherjee, Sr. Adv., Rajiv Nanda, Ms. Manjula Gupta, B.V. Balaram Das, Advs.

ORDER :

1. Heard learned counsel for the parties.

2. Ms. Madhvi Divan, learned Additional Solicitor General relied on the decision of this Court in Asfaq v. State of Rajasthan & Other, (2017) 15 SCC 55. She further invited our attention to paragraph No.31 of said judgment by which request for parole was rejected by this Court.

3. Mr. Ratnakar Dash, learned Senior Counsel on the other hand, relied upon subsequent Order dated 14.05.2018 passed by this Court in the matter of very same person-Asfaq, which order granted him parole for 21 days on the ground that his mother had expired. Mr. Dash invited our attention to order dated 06.08.2018 passed by this Court in Writ Petition(Criminal) No.158/2018 (Mohammed Amin v. State of Rajasthan & Ors.) in connection with another co-accused from the same trial who was also granted parole for 21 days.

4. In the present case, the petitioner has completed more than 24 years of actual custody and has never been released on parole. However, during the pendency of the trial, under the orders of this Court, the petitioner was transferred from Central Prison, Jaipur to Central Jail, Gulbarga for some period.

5. We may at this stage quote the observations of t









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