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1987 DIGILAW 869 (RAJ)

Amar Singh v. State of Rajasthan

1987-11-24

FAROOQ HASAN

body1987
JUDGMENT 1. - Heard learned counsel for the parties. The applicant was convicted for an offence under section 326 by the Addl. Sessions Judge, Jaipur on 24-11-86. The applicant preferred an appeal to this court against his conviction passed by the trial court which was alto dismissed by this court on 25-2-86. The applicant then did not prefer any appeal before Hon'ble S.C. and be surrendered to serve remaining sentence. In this misc. application it has been prayed that the applicant be released on parole for four months on giving security. 2. Learned counsel for the applicant referred 1987 (I) Crimes page 601 in support of his argument wherein it has been held that High Court can grant suspension of sentence in extra ordinary situation on humanitarian ground under section 482 Cr. P.C. Learned P.P. while opposing the prayer referred 1987 Cr. L J. page 1588 in support of his argument wherein it has been observed that normally when a Court finally disposed of the case it becomes divested of the matter and becomes functus officio to deal with it in any manner except to the extent allowed and authorised by specific provisions. Learned P.P. also referred 1987 (iii) see page 347. In Ibis case their Lordships of Hon'ble the Supreme Court has held that there is no scope for entertaining an application for parole by the Court straight way. 3. In view of the aforesaid observation made in Poonamlata's case, 1 am of the opinion that this Court has no jurisdiction to release the applicant on parole. This application is, therefore, rejected.Application rejected. *******