High CourtsDIVISION BENCH(2017) 11 RAJ CK 0069

Hari Singh Son of Shri Gyarsi Lal vs State of Rajasthan

Rajasthan High Court · Decided on 23 November 2017

HON’BLE JUDGES
Mohammad Rafiq, Kailash Chandra Sharma
RESULT
Disposed
CASE NUMBER
17444 of 2017

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Judgment

27 paragraphs · 246 words
1.

Contention of learned counsel for the petitioner is that

petitioner was convicted and sentenced life imprisonment by the

learned Special Judge, SC/ST Cases, Alwar in sessions case

no.132/2011 for the offence under Section 302 IPC vide its

judgement and order of conviction dated 24.01.2017. Petitioner

was behind judicial custody during trial and after conviction he is

continuously behind judicial custody and at present serving the

sentence at District Jail, Alwar.

2.

It is contended that petitioner''s wife Patashi Devi is seriously

ill from mills hydronephrosis and there is a calculus of 7 MM seen

in middle part of the right ureter and her treatment was

undergoing at Government Primary Health Centre, Bansur, District

Alwar. Doctor advised operation of middle part of the right ureter.

It is therefore prayed that petitioner may be released on emergent

parole for a period of one month for operation of his wife.

3.

Learned Additional Advocate General opposed the writ

petition.

4.

Having heard learned counsel for the petitioner and learned

Additional Advocate General, we find that this matter ought to

receive consideration of the District Collector, Alwar, who has the

power to consider and grant the request for emergent parole in

appropriate cases.

5.

It would be open to the petitioner to make fresh application

along with all the relevant documents to the District Collector,

Alwar, who shall consider and decide the application within one

week from the date of its making.

6.

The writ petition is disposed off.