- (1.) Ani alias Hanif, Gani alias Gani Mohd., Babu alias Abdul Guarum and Guddu (petitioners) have sought direction to release them on parole on the ground of marriage of their sisters, in this writ petition. The petitioners in Sessions Case No. 81/84 were convicted and sentenced to life imprisonment by the Sessions Judge, Kota for offence under Sections 147, 148, 149, 307 and 302, IPC under its judgment dated 2-11-1987 which was set aside by this Court in D.B.Criminal Appeal No.447/87, but in State appeal, the Hon'ble Supreme Court of India maintained their conviction and sentence under its judgment dated 13-1-1997 and in pursuance thereof, they have been undergoing the life imprisonment. Ani has been confined in Open Jail Bharatpur while other petitioner Nos. 2, to 4 in Central Jail Kota.
(2.) The marriage of their sisters namely Riyana and Anjum were said to have been scheduled to 21-7-1999 and 22-7-1999 and in support of this assertion the petitioners had annexed a printed marriage invitation card along with a handwritten certificate of Sarpanch dated 11-7-1999 as Annexures 1 and 2. The writ petition came up for consideration on 20-7-1999 when Ms. S. Goyal Govt. Advocate appering for the State submitted that false documents and affidavit have been filed along with application for grant of parole. One week's time was granted to file reply to the writ petition. In reply to the writ petition it has been submitted that upon inquiry made into the facts stated in the writ petition as to the marriage of the said sisters, it was revealed that the petitioners are seven brothers out of whom Hamid had died whereas two brothers Salim and Ishaq have been living in village Ballupura inasmuch as they did not have any said sisters and the girls named as Riyana and Anjum and daughters of Salim (brother of petitioners) and moreover their marriages were not at all arranged or fixed on the alleged dates (supra). In support of aforesaid reply, an affidavit of Rajendra Kumar, Dy. Jail Superintendent, Central Jail Kota so also of Laluram Verma, SHO PS, Shimlya (Kota) was also filed.
(3.) On 29-7-1999 this Court after having taken into consideration aforesaid facts stated in the writ petition and the reply thereto passed a detailed order observing as under :- "From the reply submitted by the State it appears that false ground is made out for releasing the petitioners on parole. The petition is supported with the affidavit of Abdul Salim and a certificate is filed by one Ramesh Goswami, Sarpanch of Gram Panchayat Bhora. According to the reply the contents of the petition are false and are intended to get the benefit of release of the petitioners on parole by misleading the Court. Under these circumstances, the office is directed to issue notice to Abdul Salim s/o Shri Abdul Razak resident of Ballampura, Police Station Sultanpur, District Kota and Ramesh Goswami, Sarpanch of Gram Panchayat Bhora, Panchayat Samiti Sultanpur, District Kota to remain present in the Court and submit reply to show cause as to why the prosecution should not be ordered against them. They shall be directed to remain present in the Court on 27-8-1999." ;