This short order dismissed a criminal writ petition seeking parole for a prisoner convicted under Sections 376 and 177 IPC. The court found no case for release due to risks to his dependents.
Criminal writ petition for parole dismissed with the observation that there is no case for releasing the petitioner on parole.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writs No. 32/2018
Ganpat @ Atmaram
----Petitioner
Versus
State And Ors
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. V.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/07/2018
This criminal writ petition (parole) is preferred on behalf of prisoner-Ganpat @ Atmaram S/o Ramswaroop for releasing him on 20 days parole. The petitioner is undergoing sentence of ten years after his conviction for the offences punishable under Sections 376 and 177 IPC.
In the letter for releasing him on parole, the petitioner has mentioned that he is responsible to maintain his wife and three children, thus, there is requirement to release him on parole.
A reply to the parole petition is filed on behalf of the State, wherein it is mentioned that wife of the petitioner has informed that he has left home around 15 years back leaving behind her and three children and thereafter he solemnized marriage with another lady to whom also, he deserted.
The wife of the petitioner has specifically stated that the petitioner should not be released on parole as there is all possibility that he may cause harm to her and her children.
(2 of 2)
[CRLW-32/2018]
In view of the above facts and circumstances, I do not find any case for releasing the petitioner on parole.
Hence, this criminal (parole) writ petition is dismissed.
(VIJAY BISHNOI),J
Taruna
2 issues framed by the court
Whether the petitioner satisfies the requirements for release on 20 days parole given the risk to his family.
Whether the criminal writ petition for parole stands allowed considering the opposition from the wife.
Ganpat @ Atmaram
State And Ors
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
