OMPRAKASH MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition (parole) is filed for setting aside the order dated 16.10.2020 passed by the District Magistrate, Kota 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, No.2, Kota in Sessions Case No.239/2018 vide judgment dated 01.08.2019 under Section(s) 363, and 366 of IPC, Section 3/4 of the POCSO Act and was sentenced to 11 years imprisonment.

(3.) Learned counsel for the petitioner submitted that he has served more than 4 years, 7 months and 22 days as on 14.01.2020 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 dated 16.10.2020, rejected his case for grant of parole on the ground of apprehension of breach of peace as the petitioner and the complainant party are resident of same vicinity. Relying on the judgments of this Court in cases of Paras Ram v. State of Rajasthan [2007 (4) WLC (Raj.) 547] and Smt. Sushila Kanwar v. State of Rajasthan [RCC 1994 RCC 564], he prayed for setting aside the order impugned dated 16.10.2020 and for grant of first regular parole to him.