AKSHAY SINGH @ MONU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition (parole) is filed for setting aside the order dtd. 2/2/2021 passed by the District Magistrate, Alwar whereby, the application of the petitioner for grant of first regular parole has been dismissed.

(2.) The facts as emerging from the record are that petitioner was convicted by the Court of learned Special Judge, (POCSO) Act, 2012, and Children Rights Protection Commission Act, 2005 No.4, Alwar in Sessions Case No.5/2018 vide judgment dtd. 18/11/2020 under Sec. (s) 376 (2)(I), 366A and 363 of IPC and Sec. 5(g)6 of the POCSO Act and was sentenced to 10 years rigorous imprisonment.

(3.) Learned counsel for the petitioner submitted that he has served more than 3 years, 8 months and 6 days as on 3/3/2021 including remission and thus acquired eligibility for grant of first regular parole under Rule 9 of the Rajasthan Prisoners Act, 1958; but, the respondents, vide order impugned dtd. 2/2/2021, rejected his case for grant of parole on the ground that the Assistant Director, Social Justice and Welfare Department, Alwar has not recommended his case for first regular parole on account of his conviction under heinous offence. Relying on the judgments of this Court in cases of Paras Ram Vs. State of Rajasthan [2007 (4) WLC (Raj.) 547] and Smt. Sushila Kanwar Vs. State of Rajasthan [RCC 1994 RCC 564], he prayed for setting aside the order impugned dtd. 2/2/2021 and for grant of first regular parole to him.