Heera Lal S/O Shri Harichand Jatav vs State Of Rajasthan
2021 Latest Caselaw 3208 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

         S.B. Criminal Writ Petition (Parole) No. 950/2021

Heera Lal S/o Shri Harichand Jatav, Aged About 29 Years, R/o
Dhantoori, Police Station And Tehsil Mahwa, District Dausa (Raj.)
(At Present Serving His Sentence In Central Jail, Jaipur),
Through His Uncle Laxminarayan Jatav S/o Late Shri Bidaram
Jatav, Aged About 45 Years, R/o Dhantoori, Police Station And
Tehsil Mahwa, District Dausa (Raj.)
                                                                         ----Petitioner
                                      Versus
1.      State     Of   Rajasthan,        Through         The       Secretary    Home,
        Secretariat, Jaipur.
2.      The Deputy Secretary, Department Of Home (Group-12),
        Government         Of     Rajasthan,         Government           Secretariat,
        Jaipur.
3.      The     Prisoners       Parole        Advisory         Committee        (State
        Committee), Through Its Chairman, Director General Of
        Prisons, Rajasthan.
4.      Superintendent Central Jail, Jaipur.
5.      The District Magistrate, Dausa, (Rajasthan).
                                                                    ----Respondents

For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

27/07/2021

This parole petition has been filed under Article 226 of the

Constitution of India with the prayer that the order dated 8.4.2021

issued pursuant to the meeting of Permanent Parole Committee

dated 10.3.2021 whereby the petitioner has been denied

permanent parole on the ground that petitioner has been

convicted for heinous offence of gang-rape, be quashed.

(2 of 3) [CRLW-950/2021]

It has been submitted in the petition that vide judgment

dated 7.6.2017 passed by the learned Special Judge, SC/ST (POA)

Cases, Dausa, the petitioner was convicted for the offence under

Sections 363 & 376 of IPC read with Section 5(M)/6 POCSO Act,

2012 and sentenced to undergo 10 years rigorous imprisonment.

It has further been submitted that the petitioner had served

8 years, 10 months and 7 days of imprisonment out of the total

sentence of 10 years till 13.7.2021. 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 gang-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 8.4.2021 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 he shall

(3 of 3) [CRLW-950/2021]

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 86.

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