Rajasthan High Court: Mahendar Kumar Goyal, J. allowed the petition and sets aside the impugned order.

The facts of the case are such that the petitioner was convicted by the POCSO Court under Sections 376, 366 and 5/6 of the Protection of Children from Sexual Offences Act, 2012 i.e. POCSO Act. The instant writ is filed praying to seek a grant of first regular parole.

Counsel for the petitioner submitted that the petitioner has served more than 5 years 1 month and 26 days and the acquired eligibility for grant of first regular parole under Rule 9 of the Rajasthan Prisoners Act, 1958.

Counsel for respondents opposed the prayer stating apprehension of danger to life and liberty.

The Court observed that the petitioner has earned eligibility for grant of first regular parole under Rule 9 of the Rules 1958. The local police have not recommended his release on first regular parole. The purpose of parole is to facilitate family ties being maintained which cannot be permitted to be frustrated by the respondents on flimsy grounds.

The court thus quashed the impugned order and grants the parole for 20 days on furnishing personal bond.

In view of the above, petition was allowed.[Suraj v. State of Rajasthan, 2021 SCC OnLine Raj 301, decided on 25-03-2021]

Arunima Bose, Editorial Assistant has reported this brief.

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