SMT. GOMTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner, Smt. Gomti Devi, mother of convict prisoner Sagar Ram, has preferred this writ petition under Article 226 of the Constitution of India for seeking his release on emergent parole for period of a fortnight.

(2.) Precisely, in the petition, it is averred that Sagar Ram's marriage is slated for 13th of January, 2018, and therefore, he may be released on emergent parole to participate in the ceremonies commencing from 5th of January, 2018. In support thereof, invitation card is also enclosed showing the entire marriage program. Besides that, an affidavit of Ms. Gamli Devi, prospective bride of Sagar Ram, is also enclosed and a certificate of Sarpanch of the concerned Gram Panchayat. For seeking emergent parole for her son, petitioner has also taken shelter of Article 14 & 21 of the Constitution of India. Undeniably, Sagar Ram was tried for offence under Sections 8 / 15 , 8 / 25 of the NDPS Act and was convicted for the aforesaid offences by Special Court, NDPS Cases No.2, Chittorgarh vide verdict dated 1st of September, 2015 and was handed down sentence of fifteen years' rigorous imprisonment. Being aggrieved by the same, convict Sagar Ram preferred an appeal before this Court which was registered as Criminal Appeal No.1016/2015 and the same was partly allowed reducing the sentence to seven years' rigorous imprisonment with fine of Rs.50,000/-, and in default of payment of fine to undergo simple imprisonment for a year. It is also borne out from the pleadings that prisoner has served the sentence for more than six years as he also remained under incarceration during trial.

(3.) Learned Government Advocate was directed to procure requisite report in the matter. As per report, mother of prisoner, Smt. Gomti Devi, has verified the fact and besides father of prospective bride, Ram Chander, the concerned Sarpanch has also verified the fact that convict Sagar Ram is entering into matrimony with Ms. Gamli Devi on 13th of January, 2018. On behalf of State, no formal reply is filed and Union of India too has not filed any reply to the petition. Mr. K.R. Bhati, learned counsel for the petitioner, has argued that considering the peculiar facts and circumstances of the case convict prisoner is liable to be released on emergent parole for a period of 15 days. It is submitted by learned counsel that presence of convict prisoner Sagar Ram is necessary for performance of all the rites & rituals of marriage and these ceremonies cannot be solemnized in his absence.