Mukesh vs State Of Rajasthan And Ors

This writ petition has been filed to seek permanent parole under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short "the Rules of 1958").

It is stated that the petitioner has already served for more than 16 years thus entitled to seek permanent parole under the Rules of 1958. He is ready to give local surety.

The eligibility to seek permanent parole has not been disputed by learned Additional Government Advocate but she has referred the incidence which took place in the month of April, 2018, where a case was registered against the petitioner for the offence under Sections 323 and 341 IPC.

In view of the above, character of the accused cannot be said to be exceedingly well. The prayer is thus to dismiss the writ petition.

We have considered rival submissions of the parties and perused the record.

It is not in dispute that petitioner has already served imprisonment of the length required for grant of permanent parole under Rule 9 of the Rules of 1958. The only reason to deny permanent parole is an incidence took place in the month of April, 2018, where a case for the offence under Sections 323 and 341 IPC was registered.

We, however, find that petitioner has already been acquitted in the said case and order for it has been placed on record (Annexure-2) thus the only ground to deny permanent parole no more remains.

In view of the above, we are inclined to accept the prayer made by petitioner.

Accordingly, the writ petition is allowed. The Superintendent, Central Jail, Alwar is directed to release the petitioner namely; Mukesh S/o Shri Ratiram on permanent parole on furnishing a personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of the Superintendent, Central Jail, Alwar. Petitioner shall maintain peace and tranquility during the period of permanent parole.

If the petitioner commits any offence or abets, directly or indirectly, commission of any offence, he would undergo the remaining portion of the sentence in addition to any sentence imposed upon him for such an offence and, in that event, order granting permanent parole would be rejected.