JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

This criminal writ petition (parole) is filed for setting aside the order dated 02.02.2021 passed by the District Magistrate, Alwar whereby, the application of the petitioner for grant of first regular parole has been dismissed.

2. The facts as emerging from the record are that petitioner was convicted by the Court of learned Special Judge, (POCSO) Act, 2012, & Children Rights Protection Commission Act, 2005 No. 4, Alwar in Sessions Case No. 5/2018 vide judgment dated 18.11.2020 under Section(s) 376(2)(I), 366A & 363 of IPC and Section 5(g)6 of the POCSO Act and was sentenced to 10 years rigorous imprisonment.

3. Learned counsel for the petitioner submitted that he has served more than 3 years, 8 months and 6 days as on 03.03.2021 including remission and thus acquired eligibility for grant of first regular parole under Rule 9 of the Rajasthan Prisoners Act, 1958; but, the respondents, vide order impugned dated 02.02.2021, rejected his case for grant of parole on the ground that the Assistant Director, Social Justice & Welfare Department, Alwar has not recommended his case for first regular parole on account of his conviction under heinous offence. Relying on the judgments of this Court in cases of Paras Ram v. State of Rajasthan [2007 (4) WLC (Raj.) 547] and Smt. Sushila Kanwar v. State of Rajasthan [RCC 1994 RCC 564], he prayed for setting aside the order impugned dated 02.02.2021 and for grant of first regular parole to him.

4. Learned Public Prosecutor opposed the prayer.

5. Heard the learned counsels for the parties and perused the record.

6. Undisputedly, the petitioner has earned eligibility for grant of first regular parole under Rule 9 of the Rules of 1958. The Superintendent of Police, Alwar has recommended his release on first regular parole. The Assistant Director, Social Justice & Welfare Department, Alwar recommendation is based on misconception. Conviction either under Section 376 IPC or under the provisions of the Act of 2012 does not entail disqualification for grant of 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. Moreover, his jail conduct is reported to be satisfactory.

7. Consequently, the order impugned dated 02.02.2021 qua the petitioner is quashed and set aside. This writ petition is allowed.

8. The petitioner shall be released on parole for 20 days on furnishing personal bond in sum of Rs. 1,000,00/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned District Magistrate with the stipulation that in case during parole of 20 days, the petitioner commits any undesirable activity, he can be called upon to serve his remaining sentence and at the same time shall also maintain peace and tranquility during the parole period and will abide by any other condition imposed by the authority concerned.