Moti Ram S/o Deva Ram VS State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DINESH MEHTA, RAJENDRA PRAKASH SONI
Moti Ram S/o Deva Ram – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Kalu Ram Bhati, Advocate
For the Respondent:Mr. Anil Joshi, GA-cum-AAG assisted by Rajat Chhaparwal, Advocate

ORDER

The instant parole writ petition has been preferred by the convict-petitioner Motiram S/o Deva Ram, who has been convicted for the offence under Section 376(2)(f) IPC and Section 3/4 of the POCSO Act.

2. The convict-petitioner applied for his release on second parole under the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to ‘the Rules’). The District Parole Advisory Committee, Deedwana-Kuchaman (hereinafter referred as the ‘Parole Committee’) rejected the application vide order dated 10.10.2023 and learned District Magistrate Deedwana-Kuchaman informed the wife of convict-petitioner about the rejection of parole application vide letter dated 13.01.2024. It is against this rejection, the convict-petitioner is in writ.

3. It was submitted by learned counsel that the petitioner was granted 20 days parole vide order dated 12.02.2020, passed by the Court in D.B. Criminal Writ Petition No.540/2019.

4. While highlighting that it is petitioner’s statutory right to get second parole, learned counsel for the petitioner submitted that reasons given by the District Parole Advisory Committee, Deedwana-Kuchaman are not relevant particularly when concerned jail au

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