LAWS(DLH)-2017-11-337

GAYA PRASAD PAL @ MUKESH Vs. STATE

Decided On November 09, 2017
Gaya Prasad Pal @ Mukesh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 26.05.2017 passed by the competent authority whereby his prayer for being released on parole for preferring SLP before the Supreme Court of India and for reconnecting social ties has been rejected. The fact that the petitioner has been convicted for raping his step daughter has weighed with the competent authority in rejecting the prayer for parole; perhaps, on the ground that his release would jeopardise the safety of the victim.

(2.) Learned counsel for the petitioner has drawn the attention of this court to the status report which indicates that he has remained in jail for about 4 years and has shown satisfactory conduct. The address of the petitioner has also been verified and found to be correct and existing. The wife of the petitioner was also asked whether she is agreeable to the release of the petitioner for a specified period, to which she replied in the affirmative and stated that the victim of this case has already been married and stays with her husband.

(3.) The seriousness of the crime for which the petitioner has been convicted cannot be taken as a ground for rejecting the request of parole for a specified period.