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2016 (10) TMI 142

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..... petition has been filed by the petitioner/convict, Fateh Lal @ Fanta Lal S/o Harla, from Open Air Camp, Chittorgarh, for release him on permanent parole on the ground that he has completed 14 years of sentence awarded to him including remission. The case of the petitioner was considered by the respondents vide order dated 27.11.2015 and the prayer of the petitioner was rejected on the ground that .....

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..... se is required to be considered by the Central Government in view of observations made in the case of Shambhu Dayal Vs. State of Rajasthan reported in 2012 (4) RLW 3073 (Raj.), in which following directions were made while answering the question framed in the said parole petition: - "28. In view of the discussions made above, the two questions framed by this Court are answered in the following m .....

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..... Whether it is necessary for consideration of application for parole that fine imposed is deposited before application for parole is considered. Answer Deposit of fine cannot be a condition precedent for consideration of application for parole. There is no such requirement under the Rules of 1955 framed by the Central Government under which present case of convict under the NDPS Act is to be .....

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..... qua the present petitioner/convict, is hereby quashed and it is ordered that the petitioner's case may be forwarded to the Central Government for consideration and it is further directed that at the time of considering the case of the petitioner for grant of permanent parole, the directions issued by Division Bench of this Court in the case of Shambhu Dayal (supra) shall be taken into considerati .....

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