Rajasthan High Court: In a writ petition seeking 15-day parole by the petitioner who is currently incarcerated in Central Jail, Udaipur for rape of his daughter, a division bench of Munnuri Laxman and Dr. Pushpendra Singh Bhati, JJ., allowed the petition and granted the petitioner a 15-day parole under specified conditions.
In the instant matter, the petitioner who is currently incarcerated in Central Jail, Udaipur, filed the present petition seeking a 15-day parole. The petitioner was granted parole in 2018 for 20 days, however, the same resulted in his absconding. He was rearrested on 18-05-2018. Subsequently, he was granted parole again with relaxed conditions on 22-07-2022. The petitioner had satisfactorily complied with the conditions of his previous parole, during which he was required to furnish a personal bond and surety bond.
Ther petitioner argued for the grant of parole based on satisfactory jail conduct and the petitioner’s compliance with previous conditions. The petitioner stated that the Superintendent of Police, Udaipur, and the Social Justice and Welfare Department have opposed the parole due to the nature of the offense (rape of the petitioner’s daughter) and the petitioner’s previous parole abscondence. The petitioner also pointed out that he has already served 13 years, 3 months, and 29 days of his sentence. The respondent opposed the parole petition but does not refute the factual matrix presented by the petitioner.
The Court considered the petitioner’s previous compliance with parole conditions, his substantial completion of sentence, and the conditions imposed in the prior case. The Court also recognised the impact of the petitioner’s presence on the victim’s mental well-being as outlined by the POCSO Act, which seeks to prevent contact between the accused and the victim to avoid re-traumatization. The Court emphasised that a balance could be struck by allowing the parole under strict conditions to ensure the petitioner does not come into contact with the Rape survivor.
“A balance has to be struck between the safety and emotional aspect of the victim and statutory rights of the accused. We are of the opinion that such balance would be achieved if the accused spends his time of parole at a place which is away from victim’s residence.”
The Court allowed the petition for a 15-day parole. The Court directed that the petitioner is required to:
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Furnish a personal bond of Rs. 80,000/- and one surety of Rs.40,000/- to the satisfaction of the Superintendent, Central Jail, Udaipur.
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Adhere to usual terms and conditions of parole, including those imposed by the Superintendent, Central Jail, Udaipur, to ensure his return after the parole period.
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Spend the parole period at a location away from the Rape survivor’s residence and refrain from visiting her place.
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The parole is subject to cancellation if the petitioner commits any offense or if any report of offense is lodged against him during the parole period.
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The petitioner must comply with all conditions of the parole and the term will be computed from the date of actual release.
The Court disposed of the writ petition in favor of the petitioner, with conditions as detailed above.
[Shankar Lal v. State of Rajasthan, 2024 SCC OnLine Raj 2247, Decided on 02-08-2024]
Advocates who appeared in this case :
Mr. Ramdev Rajpurohit, Amicus Curiae, Counsel for the Petitioner
Mr. Anil Joshi, GA-cum-AAG with Mr. Rajat Chhaparwal, Counsel for the Respondents
