NEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the material available on record.

(2.) The convict-petitioner applied for grant of permanent parole. His application has been rejected vide recommendations dated 11.01.2021 (Annexure-4). Aggrieved thereby, the convict has approached this Court through this writ petition for assailing the adverse recommendations.

(3.) The permanent parole has been denied to the convict merely for the reason that he has been convicted for committing heinous crime of gang rape. Law is well settled by a catena of decisions including the Supreme Court judgment in the case of Asfaq vs. State of Rajasthan: AIR 2018 SC (Criminal) 37 that the conviction for a serious or heinous crime by itself cannot operate as absolute bar for denying parole to the prisoner who has otherwise acquired eligibility for release on parole. The issue regarding grant of permanent parole to convicts who have been sentenced to imprisonment for life for such an offence which does not carry death sentence as one of the punishments, was considered by this Court in the case of Smt. Suman Devi vs. State of Rajasthan and Ors. (D.B. Criminal Writs No.430/2018) decided on 19.02.2019, wherein this Court held as below:-