DEEPAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition (parole) is filed for setting aside the order dated 30.09.2020 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 and sentenced by the learned Additional District Judge No.2, Tijara, Alwar in Sessions Case No.34/2016 vide judgment dated 07.04.2018 under Section(s) 376-D of IPC and was sentenced to 20 years rigorous imprisonment.

(3.) Learned counsel for the petitioner submitted that he has served more than 5 years, 9 months and 17 days as on 30.01.2021 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 dated 30.09.2020, rejected his case for grant of parole on the ground that the petitioner has two elder brothers to look after his parents and victim party resident of same village, has danger from him. 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 30.09.2020 and for grant of first regular parole to him.