Rajasthan High Court - Jaipur
Johnson Chako S/O Shri Chako V.S. @ V.A vs State Of Rajasthan on 27 July, 2021
Bench: Prakash Gupta, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 1294/2021
Johnson Chako S/o Shri Chako V.S. @ V.A., Aged About 56 Years,
R/o Makanem Vithupuril Village Kiliyanda Post Kaannor Police
Station Irti Dist. Kaannor State Kerla At Present R/o Plot No. 175
Shiv Vinayak Vihar 2nd Fatehpura Watika, Post Kumhariyawas
Police Station Sanganer Sadar Tehsil Chaksu Dist. Jaipur (At
Present in Central Jail Jaipur) Rajasthan through his Son Joyal
Johnson S/o Shri Johnson Chako Aged About 30 years, R/o Plot
No. 175 Shiv Vinayak Vihar 2nd Fatehpura Watika Post
Kumhariyawas Police Station Sanganer Sadar Tehsil Chaksu Dist.
Jaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through the Secretary Home,
Secretariat Jaipur
2. The Dist. Magistrate, Jaipur Raj.
3. Superintendent, Central Jail Jaipur
----Respondents
For Petitioner(s) : Mr. Vishram Prajapati, Advocate For Respondent(s) : Mr. N.S. Gurjar, PP HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 27/07/2021 This emergent parole petition has been filed by the petitioner under Article 226 of the Constitution of India.
Learned counsel for the petitioner submits that the petitioner was convicted by the trial court for the offence under Sections 376(2)(D)(F)(K), 354, 323 IPC and Sections 5/6 and 9/10 of Protection of Children from Sexual Offences Act, 2021 and sentenced to undergo life imprisonment till the remainder part of his natural life. He further submits that the petitioner has served (Downloaded on 27/07/2021 at 09:34:42 PM) (2 of 2) [CRLW-1294/2021] more than 6 years and 5 months of sentence. He further submits that the marriage of the petitioner's son is going to be solemnized on 2.8.2021 and there is no other responsible male member in the petitioner's family, who can make necessary arrangements for the marriage. Hence the petitioner may be granted emergent parole for 30 days. In support of his submissions, he has placed on record the marriage card of the petitioner's son.
Learned PP appearing for the State has filed the reply and submits that the factum of the petitioner's son's marriage was got verified from SHO, Police Station, Sanganer Sadar, Jaipur (South), who vide his letter dated 20.7.2021 has affirmed that the marriage of the petitioner's son is scheduled to be held on 2.8.2021. He has placed a copy of the letter dated 20.7.2021 on record as Annexure-R/2.
Taking into consideration the facts and circumstances of the case, this emergent parole petition is partly allowed and the petitioner is ordered to be released on emergent parole for a period of 10 days, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned jail authorities. The petitioner shall return to the jail immediately on completion of the emergent parole period. This emergent parole period would be counted from the date of release of the petitioner.
The Superintendent, Central Jail, Jaipur shall verify the bail & bonds of the convict-petitioner only after ascertaining the fact that the petitioner has returned to the custody after availing the emergent parole period.
(CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J DILIP KHANDELWAL /34 (Downloaded on 27/07/2021 at 09:34:42 PM) Powered by TCPDF (www.tcpdf.org)