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

8 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.