Allowed

Mahendra v. State of Rajasthan

Rajasthan HC10 May 2019CRLW/181/2019

Case brief

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What is this about?

The High Court allowed a writ petition seeking parole for a convict sentenced for murdering his wife and children. Despite adverse reports suggesting ill-will from in-laws, the Court observed that the State's duty to maintain law and order precludes denying parole solely based on offence gravity. Order allowed due to petitioner's aged mother residing in the village near him.

What did the court decide?

Impugned recommendations dated 30.01.2019 were quashed; petitioner released on first parole of twenty days upon furnishing personal bond of Rs.50,000 and sureties of Rs.25,000 each.

Mahendra Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 181/2019

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Mahendra S/o Shiv Karan Choudhary, Aged About 62 Years, At Present Lodged In Central Jail Jodhpur through His Mother Smt. Parasi Devi W/o Shree Shiv Karan Choudhary , B/c Choudhary , R/o Sharmaliya , P.s. Beawar , Distt. Ajmer

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary , Department Of Home , Secretariat , Raj. Jaipur

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The Distt. Collector, Ajmer

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The Superintendent , Central Jail, Jodhpur

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----Respondents

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For Petitioner(s) : Mr.K.R. Bhati For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Judgment

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10/05/2019

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The convict-petitioner has filed the instant parole writ petition seeking to assail the adverse recommendations of the District Parole Advisory Committee issued in its meeting dated 30.01.2019 whereby the petitioner’s prayer for parole of twenty days was rejected.

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The District Parole Advisory Committee, Ajmer rejected the prayer of the convict Mahendra for releasing him on first parole of 20 days vide recommendations drawn in its meeting dated 30.01.2019. The District Superintendent of Police as well as the Social Welfare Department gave adverse reports against the convict stating that he was convicted for the murder of his wife

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(2 of 2)

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[CRLW-181/2019]

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and children, and thus, his in-laws might bearing ill-will and anger against him.

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We feel that there is no indication in these reports that in-laws of the convict are also residing in the same village. Be that as it may, maintaining law and order situation is the duty of the State as well as police authorities. Merely, the gravity of offence can not be a ground to deny parole to a convict as per the Rules. The petitioner’s old aged mother is present in the village and thus, he has a ground to claim parole so that he can go and meet his mother.

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In this background, we are inclined to accept the instant parole writ petition which is allowed . The impugned recommendations dated 30.01.2019 are quashed and set aside qua the convict Mahendra S/o Shiv Karan Choudhary and it is ordered that the convict Mahendra S/o Shiv Karan Choudhary shall be released on first parole of twenty days upon his furnishing personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of Superintendent Central, Jail, Jodhpur on the usual terms and conditions. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release.

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(VINIT KUMAR MATHUR),J

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(SANDEEP MEHTA),J

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15-1/- Sudhir Asopa

Mahendra v. State of Rajasthan

Case brief

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Mahendra v. State of Rajasthan

Case brief

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