HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition (Parole) No. 1318/2021
Murli Saini S/o Shri Ganesh Narayan Saini, Aged About 45 Years,
R/o Plot No. M-2 Anandpuri Infront Of Delhi Eye Hospital At
Present Plot No. 4 Shanti Road Nayla House Moti Doongri Road
Ps Moti Doongri Dist. Jaipur Raj. (At Present Serving His
Sentence In Central Jail Jaipur) Through His Sister Pushpa W/o
Shri Kaluram Saini Aged About 55 Years R/o Sadar Bazar Maliyon
Ka Mohalla Kanota Ps Kanota Dist. Jaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Home
Secretariat Jaipur
2. The Deputy Secretary Department Of Home (Group-12),
Govt. Of Raj. Govt. Secretariat Jaipur
3. The Prisoners Parole Advisory Committee (State
Committee), Through Its Chairman Director General Of
Prisons Raj.
4. Superintendent, Central Jail Jaipur
5. Dist. Magistrate, Jaipur Raj.
----Respondents
For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Shyam Prakash Sharma, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 03/03/2022 This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the order dated 4.6.2021 issued pursuant to the meeting of Permanent Parole Committee dated 12.5.2021 whereby the petitioner has been denied permanent parole on the ground that petitioner has been convicted for heinous offence of rape, be quashed. (Downloaded on 04/03/2022 at 09:06:14 PM)
(2 of 3) [CRLW-1318/2021] It has been submitted in the petition that vide judgment dated 14.12.2017 passed by the learned Special Judge, SC/ST (POA) Cases, Jaipur, the petitioner was convicted for the offence under Sections 376(2)(I) of IPC read with Section 5(M)/6 & 9(M)/10 POCSO Act,2012 and sentenced to undergo 10 years rigorous imprisonment.
It has further been submitted that the petitioner had served 6 years, 9 months and 7 days of imprisonment out of the total sentence of 10 years till 20.7.2021. The conduct of the petitioner has remained absolutely good and he is continuously getting remission in jail on the basis of his good conduct and behavior. Thus, he is entitled to be released on permanent parole.
In reply, it is submitted that the case of the petitioner was placed before State Level Parole Advisory Committee but the same was rejected on the ground that the petitioner has been convicted for heinous offence of rape.
Heard learned counsel for the parties and carefully perused the record.
Accordingly, the writ petition succeeds and is hereby allowed. The impugned order dated 4.6.2021 qua petitioner stands quashed and set aside. The concerned District Authority is directed to release the convict-petitioner on permanent parole, subject to furnishing his personal bond in the sum of Rs.1,00,000/- before the concerned District Magistrate. The petitioner is also directed to furnish two sureties of Rs. 50,000/- each within two weeks to the satisfaction of the concerned District Magistrate with the stipulation that in case during permanent parole, the petitioner commits any undesirable activity, he can be called upon to serve his remaining sentence and at the same time (Downloaded on 04/03/2022 at 09:06:14 PM) (3 of 3) [CRLW-1318/2021] he shall also maintain peace and tranquility during the parole period and will abide by any other condition imposed by the authority.
(NARENDRA SINGH DHADDHA),J Brijesh 135.
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