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2019 Supreme(Raj) 2009

SANDEEP MEHTA, VINIT KUMAR MATHUR
Gitanjali – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Rakesh Kalla, Advocate, for the Appellant; Mr. Farzand Ali GA-cum-AAG, for the Respondent

JUDGMENT

1. By way of this criminal parole petition, the petitioner- Geetanjali being the wife of the convict-Shahjad Khan, presently lodged at the Central Jail, Jodhpur has approached this Court with a prayer to direct the respondent-authorities to consider the case of the convict for being sent to the Open Air Camp.

2. The respondents along with their reply have placed on record copy of the adverse recommendations dated 30.04.2018, drawn in the meeting of the Committee constituted to consider the cases of the prisoners for being sent to the Open Air Camp. The Committee considered the case of the convict-Shahjad Khan and did not find him entitled to be sent to the Open Air Camp in view of the restriction imposed by Clauses (f) and (g) of Rule 3 and Rule 4 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (herein after referred as the Rules of 1972).

3. Shri Rakesh Kalla, learned counsel representing the petitioner vehemently and fervently urged that the convict has been granted emergent parole by the Superintendent, Central Jail, Jodhpur and regular parole by this Court vide order dated 17.01.2019 passed in D.B. Criminal Writs No. 461/2018 hence, there is no impediment on the righ

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