9911796707
TMI Blog2016 (10) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... grant permanent parole. In view of above, the order passed by State Level Parole Committee, qua the present petitioner/convict, is hereby quashed and it is ordered that the petitioner’s case may be forwarded to the Central Government for consideration and it is further directed that at the time of considering the case of the petitioner for grant of permanent parole, the directions issued by Division Bench of this Court in the case of Shambhu Dayal (2012 (3) TMI 564 - RAJASTHAN HIGH COURT) shall be taken into consideration and thereafter the prayer of the petitioner for grant of permanent parole may be decided strictly in accordance with Rules within a period of one month from the date of receipt of application from the respondent-State. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view of observations made in the case of Shambhu Dayal Vs. State of Rajasthan reported in 2012 (4) RLW 3073 (Raj.), in which following directions were made while answering the question framed in the said parole petition: - 28. In view of the discussions made above, the two questions framed by this Court are answered in the following manner: - Question No. (1) (1) Whether the Rajasthan Prisoners Release on Parole Rules, 1958 are applicable in the cases where sentence of imprisonment is for an offence relating to a matter to which executive power of Union extends such as under NDPS Act. Answer The Rajasthan Prisoners Release on Parole Rules,1958 are not applicable in the cases where conviction is under NDPS Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose of grant permanent parole. In view of above, the order dated 27.11.2015 passed by State Level Parole Committee, qua the present petitioner/convict, is hereby quashed and it is ordered that the petitioner s case may be forwarded to the Central Government for consideration and it is further directed that at the time of considering the case of the petitioner for grant of permanent parole, the directions issued by Division Bench of this Court in the case of Shambhu Dayal (supra) shall be taken into consideration and thereafter the prayer of the petitioner for grant of permanent parole may be decided strictly in accordance with Rules within a period of one month from the date of receipt of application from the respondent-State. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
