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2023 DIGILAW 2287 (RAJ)

Asharam Alias Ashu v. State of Rajasthan

2023-12-20

PUSHPENDRA SINGH BHATI, RAJENDRA PRAKASH SONI

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ORDER : This criminal writ petition has been filed on behalf of the petitioner/prisoner - Asharam Alias Ashu S/o Late Shri Bhanwar Lal seeking a direction to the respondents to release him on second parole of 15 days, who is languishing in Central Jail, Ajmer being convicted and sentenced for the offences punishable under Sections 363, 326, 376 IPC and Section 3/4 of POCSO Act with life imprisonment. 2. Mr. Anil Joshi, learned Government Advocate cum Additional Advocate General appearing on behalf of the respondents points out that the petitioner has undergone a custody of 11 years, 04 months and 19 days along with remission of about 08 months as on 10.11.2023. 2.1 Learned GA cum AAG further submits that the petitioner was granted parole for 20 days from 02.09.2018 to 21.09.2018, but after availing the parole, he did not surrender and had to be arrested after lodging a FIR on 26.09.2018, whereby further sentence of 06 months was awarded to the present petitioner. 2.2 Learned GA cum AAG also submits that thereafter, the petitioner was released on first regular parole for 07 days, vide order dated 13.05.2021 in D.B. Criminal Misc. Application No.132/2021 in D.B. Criminal Writ Petition No.474/2020, from 03.06.2021 to 09.06.2021, which was further extended by 21 days, and thereafter, he surrendered before the Jail Authority in time. 2.3. Learned GA cum AAG further submits that the offence committed by the accused-petitioner is very serious as the conviction is for rape of a minor girl. 3. Mr. Kalu Ram Bhati, learned counsel for the petitioner submits that the petitioner has undergone parole after the incident of absconding and looking into the prolonged custody, the parole ought to be granted to the petitioner. 4. Heard learned counsel for the parties and perused the material available on record. 5. The convict has already undergone a sentence of 11 years, 04 months and 19 days along with remission of about 08 months as on 10.11.2023. It is pertinent to note that the petitioner does not suffer from any ineligibility for his release on parole as prescribed under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021. More so, Ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. More so, Ipsi dixit reason of adverse police report cannot be a ground for refusing parole. It is well settled that parole is a device for reformation of a criminal for his rehabilitation in society. The object of parole can't be frustrated on the basis of vague and ill-founded reasons. 6. Having regard to the overall facts and circumstances of the case and keeping in view the fact that earlier also the petitioner-prisoner was released on first parole for 07 days from 03.06.2021 to 09.06.2021, which was further extended by 21 days as well as the fact that the petitioner has undergone the custody of 11 years, 04 months and 19 days upon furnishing personal bond only by this Court, this Court is of the opinion that the convict - petitioner can be released on second parole for a period of 15 days. 7. Accordingly, this parole petition is allowed and it is hereby directed that the convict - Asharam Alias Ashu S/o Late Shri Bhanwar Lal, who is presently lodged in Central Jail, Ajmer shall be released on second parole for a period of 15 days upon furnishing a personal bond in the sum of Rs.1,00,000/- with one sound and solvent surety of the like amount to the satisfaction of the Superintendent Central Jail, Ajmer. 8. The convict - Asharam Alias Ashu S/o Late Shri Bhanwar Lal shall surrender himself before the Superintendent, Central Jail, Ajmer immediately after availing 15 days' parole from the date of his actual release.