NAND LAL Vs. STATE

JUDGEMENT

(1.) The instant writ petition has been preferred by convict-prisoner Nand Lai through his wife Smt. Rekha seeking emergent parole under Rule 11 (1) (iii) of the Rajasthan Prisoners Release On Parole Rules, 2021 (hereinafter for short 'the Rules of 2021') on the ground of want of progeny.

(2.) Briefly stated the facts of the case are that the convict-prisoner Nand Lai is lodged at the Central Jail, Ajmer and is serving the sentence awarded to him by the learned Additional District and Sessions Judge No.l, Bhilwara vide judgment dtd. 6/2/2019. Till date, he has undergone imprisonment of around six years out of sentence of life imprisonment awarded to him including remission. Smt. Rekha, wife of the petitioner has moved an application addressing to the District Collector-cum-Chairman, District Parole Committee, Ajmer averring therein that conduct of his husband (convict-prisoner Nand Lai) had been exceedingly well in the jail premises and he was granted first parole by this Court for the period of 20 days vide order dtd. 18/5/2021, which he availed satisfactorily and surrendered back to the prison on due date. It is averred in the application that she has not begotten any issue from their wedlock and thus, for want of progeny, she craves for 15 days emergent parole. The said application is pending consideration before the District Collector-cum-Chairman, District Parole Committee, Ajmer, however, no order has been passed therein till date. Thus, the convict-prisoner preferred the instant writ petition before this Court, through his wife Smt. Rekha.

(3.) Shri Anil Joshi, learned Additional Advocate-cum-Government Advocate has filed reply on behalf of the respondent-State of Rajasthan. It is specifically averred in the reply that the case of the convict-prisoner does not fall within the ambit of Rule 11 of the Rules of 2021 and thus, grant of emergent parole has been objected. However, he too is not in a position to rebut the fact that work and conduct of the convict-prisoner has been satisfactory during his confinement in the prison.