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Sadam vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 14 March 2019 · Citation: (2019) 03 RAJ CK 0152

HON’BLE JUDGES
Sandeep Mehta, J · Vinit Kumar Mathur, J
CASE NUMBER
Criminal Writ (Parole) Petition No. 139 Of 2019
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Judgment

6 paragraphs · 339 words

The petitioner seeks interim/emergent parole on the ground that one Mst. Meraj Pathan, Adv. has agreed to marry him so that proper care be taken of the petitioner's two minor daughters who have virtually been left in a derelict state because the petitioner is in custody for murder of his own wife.

The petitioner's parents - Mr. Ghisu Khan and Mst. Jaitun Bee are present in the Court. Visibly they seem to be old and frail. This Court, feels that it will be difficult for these persons to provide proper care and attention to the petitioner's two minor daughters namely Alisha and Bhusara who are also present in the Court.

We inquired the petitioner's parents as to the fact whether they have agreed to this relationship, upon which they readily consented to the same stating that considering their own old and ailing condition, they shall be unable to take care of the two daughters of the petitioner.

Mst. Meraj Pathan, Adv. who has agreed to enter into a Nikah with the petitioner is also present in the Court. She states that she has decided to marry the petitioner looking to the future of the two minor girls and as a humanitarian measure.

Though, originally Nikah of the petitioner and Mst. Meraj Pathan was scheduled on 07.03.2019 but now, it is stated that programme has been rescheduled to 01.04.2019.

In this background, keeping welfare of two minor daughters of the petitioner in mind and the overall facts and circumstances noted above, we allow the instant petition for emergent parole and direct that the petitioner-convict Sadam S/o Gishu Khan shall be released on emergent parole of 10 days from 27.03.2019 so that he can solemnize Nikah with Mst. Meraj Pathan, Adv., subject to his furnishing a personal bond in the sum of Rs.1,00,000/-along with two sureties in the sum of Rs.50,000/- to the satisfaction of the Superintendent, Central Jail, Ajmer on usual terms and condition. The petitioner-convict shall surrender back to the Central Jail, Ajmer after completion of the parole period.