RAMESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this petition under Article 22 of the Constitution of India seeking benefit of first regular parole of 20 days.

(2.) Learned counsel for the petitioner has submitted that the petitioner was convicted for the offence under Section 363 , 366 IPC and Section 5(L)/6 of POCSO Act and sentenced to undergo 10 years imprisonment. He filed the appeal before this Court, which is pending adjudication. The petitioner has served more than 4 years of sentence with remission. In this way, he has completed 1/4 th part of his sentence and is eligible for first regular parole under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958. He further submits that the case of the petitioner has been rejected by the Parole Committee on the ground that there is a possibility of his absconding in case he is released on parole, although the jail conduct of the petitioner has been found to be satisfactory and the report of Social Welfare Officer in his favour.

(3.) Reply to the writ petition has been filed. It has been submitted that there is a chance of absconding the petitioner during parole.