PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Shankar Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
The present petitioner, who is languishing in Central Jail, Udaipur, has preferred the present parole seeking release on second parole for 15 days.
2. Mr. Ramdev Rajpurohit (Amicus Curiae), learned counsel for the petitioner submits that jail conduct of the petitioner is satisfactory. He further submits that in peculiar facts of the case, the Superintendent of Police, Udaipur and Social Justice and Welfare Department have not recommended the parole due to conviction involving rape of the daughter, thus putting the whole family to some kind of apprehension. The other ground given was that earlier in 2018 the petitioner was granted 20 days parole but he absconded. However, he was rearrested on 18.05.2018 and taken back in custody and thereafter the petitioner was again granted parole and the parole conditions were relaxed by this Court in D.B. Criminal Writ Petition No.169/2021 decided on 22.07.2022 which reads as follows: -
“The convict-petitioner Shankar Lal S/o Jagannath Jatiya was granted parole of seven days by this court vide order dated 10.06.2020 passed in D.B. Criminal Writ Petition No.191/2020. However, citing the poor financial condition of the family, he has filed
Parole – Balance has to be struck between safety and emotional aspect of victim and statutory rights of accused.
Release on Parole – Balance has to be struck between safety and emotional aspect of victim and statutory rights of accused.
The court emphasized balancing the statutory rights of the convict with the victim's safety, allowing parole under strict conditions to prevent contact.
The court affirmed the statutory right to parole, emphasizing rehabilitation and the necessity of balancing victim safety with the rights of the accused.
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