Giriraj Rawal S/o Shri Shri Onkar Lal Rawal v. State of Rajasthan
2017-11-01
GOPAL KRISHAN VYAS, MANOJ KUMAR GARG
body2017
DigiLaw.ai
ORDER : 1. In this parole petition, the following order was passed on last date of hearing i.e 24.10.2014 which reads as under: “Although this parole petition is listed in the category of defect but upon perusal of the prayer clause as well as the order dated 01.06.2017 (Annexure-3) passed in DB Civil Writ Petition No. 6118/2017 by this Court, we are of the opinion that the order for deciding the petitioner's application for permanent parole has already been passed but the said application has not been decided so far. Learned AAG is directed to accept notices on behalf of the State and ascertain why the order passed by this Court has not been complied with and file reply on or before 01.11.2017 Put up on 01.11.2017, as prayed.” 2. It is very important to observe here that in the order dated 01.06.2017 specific order was made to consider the prayer of the petitioner life convict for grant of permanent parole while taking into consideration the fact that he is suffering from serious ailment of cancer. 3. Upon perusal of the order dated 28.07.2017 filed along with the reply, it is obvious that no such consideration was made while deciding the prayer of the petitioner life convict for grant of permanent parole. 4. In view of above, the order dated 28.07.2017 (Annexure-R/2) filed along with reply is hereby quashed and set aside and while considering the fact that the petitioner life convict is suffering from very serious ailment of cancer, we deem it appropriate to accept the prayer of the petitioner for grant of permanent parole. 5. Consequently, this petition is allowed and it is order that the petitioner convict Giriraj Rawal may be released on permanent parole upon furnishing his personal bond of Rs. 1 lakh with two sureties of the like amount to the Superintendent, Open Air Camp, Pratapgarh.