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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Bhairulal @ Prakash @ Pakka, Son Of Badrilal – Appellant
Versus
State Of Rajasthan, Through Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner seeks first parole due to incarceration. (Para 1) |
| 2. reports consider victim's family disagreement but do not prevent parole eligibility. (Para 2 , 4 , 5) |
| 3. court hears both parties' arguments. (Para 3) |
| 4. reports by authorities lack specificity for rejecting parole. (Para 6) |
| 5. parole should foster rehabilitation, not impose unreasonable conditions. (Para 7) |
| 6. petitioner granted 20-day parole under specified conditions. (Para 8) |
| 7. amicus curiae entitled to remuneration for assistance. (Para 9) |
ORDER :
FARJAND ALI, J.
1. By way of the present criminal writ petition, the petitioner has invoked the extraordinary jurisdiction of this Court seeking grant of first parole, asserting that in view of the substantial period of incarceration already undergone by him, he has duly attained statutory eligibility for consideration of parole in accordance with the relevant rules governing temporary release of prisoners.
2. Upon receipt of the petition, and considering that the petitioner is incarcerated and unable to effectively prosecute the matter on his own, this Court, in furtherance of the principles of fair trial and access to justice, deemed it appropriate to appoint
Parole is a rehabilitative right, and dissent from victims cannot solely justify its denial when statutory eligibility is met.
Parole is a concession for good behavior, not a right, and must be granted with consideration of rehabilitation, irrespective of family objections, unless supported by independent evaluation.
Parole applications cannot be denied solely based on the nature of the crime; substantial evidence of threat to security or public order is required for rejection.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
Point of Law : Supreme Court held that merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the society ar....
Parole cannot be denied solely based on objections from the victim's family without substantial evidence; it's essential to balance prisoner rights with public safety.
The main legal point established is the eligibility criteria for parole under Rule 1210 sub rule (II) Delhi Prison Rules 2018, emphasizing the importance of maintaining family and social ties for con....
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