Avish Kumar @ Avinash vs State Of Rajasthan
2022 Latest Caselaw 12598 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 391/2022

Avish Kumar @ Avinash S/o Sh. Ramavtar @ Ramauavtar, Aged About 35 Years, At Present Lodged In Central Jail, Bikaner Through His W/o Smt. Punam W/o Sh. Avish Kumar @ Avinash, Age About 33 Yrs., R/o H.no. 59, Bas-Bitodi, P.s. Khol Teh. Dahina, Dist. Rewadi, Hariyana.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Of Home Depart., Jaipur.

2. The Director General (Jail), Jaipur.

3. The Dist. Collector, Bikaner.

4. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Pallav Sharma for Mr. Anil Joshi, GA-cum-AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

20/10/2022 The present criminal writ petition has been filed for

releasing the petitioner on emergent parole for a period of 30 days

as the petitioner is appearing for the theory examination of the

Senior Secondary School Examination to be held from 18.10.2022

to 23.11.2022. The petitioner was convicted vide judgment dated

31.08.2020 passed by the learned Special Judge POCSO Act

Cases, Sikar, in Session Case No. 16/2018 for the offences under

Sections 363, 366, 376(2) (1) IPC and 3/4 of the POCSO Act.

Learned counsel for the petitioner submits that as per the

timetable annexed, the last paper of the petitioner will be on

(2 of 2) [CRLW-391/2022]

23.11.2022. He, therefore, prays that the petitioner will be

released on emergent parole.

On verification of the fact, learned Public Prosecutor has

verified the fact that the petitioner is appearing in the forthcoming

board examinations. He further submits that the petitioner is not

ineligible for release on parole as per the Rajasthan Prisoners

Release on Parole Rules, 2021.

Taking into consideration the fact that the petitioner's

examinations will be held from 18.10.2022 to 23.11.2022,

therefore, the petitioner deserves to be released on emergent

parole for a period of 30 days from 26.10.2022 to 24.11.2022.

Accordingly, this criminal writ petition is allowed. The

respondents are directed to release the convict-prisoner - Avish

Kumar @ Avinash S/o Sh. Ramavtar @ Ramauavtar to avail

30 days emergent parole as per provisions of the Rules of 2021

provided he furnishes two sureties in a sum of Rs.50,000/- each

and a personal-bond of Rs.1,00,000/- to the satisfaction of

Superintendent, Central Jail, Bikaner. The Superintendent, Central

Jail concerned will give a date for surrender of convict-prisoner

and shall also be at liberty to impose other reasonable and

adequate conditions to ensure his return to the State custody after

availing the parole. A copy of this order may be sent to the

convict.

(VINIT KUMAR MATHUR),J

656-Payal/-

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