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2026 Supreme(SC) 646

SANJAY KAROL, AUGUSTINE GEORGE MASIH
Daudayal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Tushar Bathija, Adv. Mr. Rishabh Dheer, Adv. Ms. Aishwarya Singh, AOR
For the Respondent(s): Mr. S.. Udaya Kumar Sagar, AOR Mr. Kshitij Mittal, Adv. Mr. Mayank Sharma, Adv.

JUDGMENT :

SANJAY KAROL, J.

" ...arbitrary power is most easily established on the ruins of liberty abused to licentiousness."

-George Washington1[From George Washington to The States, 8 June 1783, Accessible at: https://founders.archives.gov/documents/Washington/99-01-02-11404]

Leave Granted.

2. This appeal arises from an unfortunate set of circumstances. The appellant-convict has been sentenced to Rigorous Imprisonment of four years for offences under Sections 148, 448, 304 Part II r/w Sections 149, 323, Indian Penal Code, 18602[IPC] by the Additional Sessions Judge, No.1, Alwar in connection with Sessions Case No.22 of 1967 in terms of judgment dated 8th December 1988. Such findings and sentence were confirmed by the dismissal of his appeal thereagainst being Criminal Appeal No.451 of 1988 in 2021 whereafter he was arrested on 23rd December 2021. He applied for permanent parole on 3rd December 2023 (not having applied for regular parole) which was rejected on 18th January 2024 on that very ground. This rejection was challenged before the High Court3[SB Criminal Writ Petition No.1021/2024]. The learned Single judge allowed the petition vide order dated 5th November 2024 and directed h

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