ASHOK KUMAR PRAJAPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This parole petition has been filed under Article 226 of the Constitution of India with the prayer that the order dated 30.3.2020 issued pursuant to the meeting of Permanent Parole Committee dated 18.2.2020 whereby the petitioner has been denied permanent parole on the ground of non availing of three regular paroles, be quashed.

(2.) It has been submitted in the petition that vide judgment dated 11.6.2019 passed by the Trial Court, the petitioner was convicted for the offence under Sections 376 (2)(d) (k)(f)(l)(n) of IPC readwith Section 5 / 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 10 years imprisonment.

(3.) It has further been submitted that the petitioner had served 7 years, 1 month and 16 days of imprisonment out of the total sentence of 10 years till 15.5.2020. He was also released on first parole of 20 days by the Parole Committee. In this way, he has served a substantive part of his sentence He never misused the liberty of parole and on completion of the parole period he surrendered before the concerned authority on due date. During incarcerat It has further been submitted that the petitioner had served 7 years, 1 month and 16 days of imprisonment out of the total sentence of 10 years till 15.5.2020. He was also released on first parole of 20 days by the Parole Committee. In this way, he has served a substantive part of his sentence He never misused the liberty of parole and on completion of the parole period he surrendered before the concerned authority on due date. During incarceration, 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.