Om Prakash vs State
2021 Latest Caselaw 17582 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 404/2021

Om Prakash S/o Shri Ladu Lal, Aged About 28 Years, B/c Aud, At Present Lodged In Central Jail, Ajmer, Through His Mother Prem Bai W/o Shri Ladu Lal, Age About 55 Years, R/o Aodo Ka Kheda, P.s. Kotwali.

(At Present Jamna Vihar, City Kotwali, Bhilwara)

----Petitioner Versus

1. State, Through Secretary Of Home Dept. Jaipur.

2. The District Collector, Bhilwara.

3. The Superintendent, Central Jail, Ajmer.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Kalu Ram Bhati.
For Respondent(s)          :     Mr. Mukesh Trivedi, PP



       HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                      Order

24/11/2021

The present Criminal Parole Petition has been filed by the

mother of convict prisoner Om Prakash lodged at Central Jail,

Ajmer for grant of permanent parole.

The counsel for the petitioner submits that the convict

prisoner availed first parole of 20 days in the year 2017, second

parole of 30 days in the year 2018, third parole of 40 days in the

year 2019 and fourth parole of 40 days in the year 2021. It is

contended that while the convict prisoner was released on parole

on four occasions, he was not involved in any kind of illegal

activities or was not found involved in any offences. The convict

prisoner on all the four occasions, surrendered back to the Jail

(2 of 3) [CRLW-404/2021]

authorities well in time without committing any breach. The

convict prisoner has also served sentence of almost 07 years out

of 10 years sentence awarded to him by the trial court.

Therefore, it is prayed that the convict prisoner may be released

on permanent parole.

Per contra, learned Public Prosecutor submits that the

convict prisoner was involved in heinous offence of committing

rape on a minor girl and therefore, he was convicted to undergo

sentence of 10 years R.I. If the convict prisoner is released on

permanent parole, it will have an adverse impact on the society.

However, learned Public Prosecutor submits that the convict

prisoner reported back on the scheduled time on all the four

occasions when he was released on parole and has suffered

sentence of almost seven years.

I have considered the submissions made at the bar.

It is not disputed that the convict prisoner was released on

parole on four occasions, and on each occasion, he surrendered on

time. He has neither misused the concession of parole and nor any

untoward incident was reported against him and he successfully

completed his earlier paroles. The convict prisoner was convicted

for the offences under Sections 363, 366 of IPC and section 5(g)/6

POCSO Act vide judgment dated 20.04.2016 passed by learned

Special Judge, POCSO Act Cases, Bhilwara and sentenced to

undergo rigorous imprisonment for a period of 10 years, out of

which, he has already undergone the sentence of about seven

years which is not in dispute. The convict prisoner also does not

incur any ineligibility for his release on permanent parole as per

Rule 14 of Rajasthan prisoners Release on Parole Rules, 1958.

(3 of 3) [CRLW-404/2021]

In view of the above, the present petition for grant of

permanent parole is allowed and the Superintendent, Central Jail,

Ajmer is directed to release convict prisoner Om Prakash S/o

Shri Ladu Lal from jail on permanent parole, if not required in

any other case, on his furnishing a personal bond in the sum of

Rs.1,00,000/- and two sureties of Rs.50,000/- each (out of which

one surety will be of close family member) to the satisfaction of

the Superintendent, Central Jail, Ajmer with the usual condition

enshrined in Rule 9 of the Rules and as may be prescribed by the

concerned Superintendent of Jail.

A copy of this order be given to the learned Public Prosecutor

and be also sent to the concerned Superintendent of Jail.

(VINIT KUMAR MATHUR),J

60-Anil Singh/-

Powered by TCPDF (www.tcpdf.org)