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SANDEEP MEHTA, SAMEER JAIN
Rahul S/o Shri Vishambhar @ Kalwa – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant writ petition is filed by convict-prisoner Rahul through his wife Smt. Brijesh Devi seeking emergent parole on ground of want of progeny under Rule 11 of the Rajasthan Prisons (Release On Parole) Rules, 2021 read with Article 14 and 21 of the Constitution of India. Petitioner was convicted for the offence under Sections 363, 366 and 376 (3) of IPC and 3/4(2) of POCSO Act and sentenced to 20 years imprisonment vide order dated 13.06.2022 in Sessions Case No. 29/2021.
2. It is submitted that the petitioner has served more than two years of imprisonment with remission. The petition has been filed through petitioner’s wife for releasing him on emergent parole, for want of progeny and conceiving child for the purpose of preservation of lineage, as per religious and cultural philosophies and for humanitarian aspects. The conduct of the petitioner is satisfactory and if not allowed to be released or parole, his rights under Article 14 and 21 of the Constitution of India, will be affected. Learned counsel has relied upon the Division Bench judgment of Nand Lal Vs. State & Ors.: DB. Cri. Writ Petition No. 10/2022, which has been upheld by the Hon’ble Apex Court, wherein t
The right to have progeny during incarceration is available to a prisoner, and the court may consider religious, cultural, sociological, and humanitarian aspects, as well as the fundamental rights gu....
Humanitarian grounds can justify the granting of emergent parole for a prisoner due to the delivery of their spouse, overriding strict adherence to existing rules.
The main legal point established in the judgment is that the right to procreate is a fundamental right of a convict in certain circumstances, and the convict is entitled to parole for medically-assis....
The court mandates timely decisions on parole applications under the Rajasthan Prisoners Release on Parole Rules, emphasizing the urgency of humanitarian grounds such as a wife's delivery.
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