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2016 Supreme(Raj) 1140

MOHAMMAD RAFIQ, PRAKASH GUPTA
Harsahay Bairwa – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : B.N. Sandu
For the Respondents: B.R. Choudhary

ORDER

1. This matter depicts how a counsel, only with a view to securing an order favourable to his client, can mislead the Court. Matter has been laid before us on an application filed by the State of Rajasthan with the prayer to recall the judgment dt. 2.12.2015 passed by this Court in D.B. Special Appeal (W) No. 1037/2015, directing release of the appellant on permanent parole, which was obtained by the non-applicant-writ petitioner, concealing the fact that operation of judgment dt. 27.2.2015 passed by the Single Bench of this Court, allowing earlier writ petition filed by the same non-applicant-writ petitioner for his premature release on parole, was stayed by the Division Bench of this Court vide order dt. 9.7.2015 in the appeal preferred by the State of Rajasthan (D.B. Civil Special Appeal (Writ) No. 439/2015). The non-applicant then filed another writ petition bearing No. 15642/2015 for his release on permanent parole without disclosing the factum of aforesaid stay order, which was dismissed by the Single Bench of this Court vide order dt. 29.10.2015. It is in the appeal filed against that order that this Court allowed the appeal filed by the non-applicant-writ petitioner vi






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