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15 DAYS PAYROLE TO MAKE HIS WIFE PREGNANT


 

15 DAYS PAYROLE TO MAKE HIS WIFE PREGNANT

NAND LAL V. STATE, 2022


RAJASTHAN HIGH COURT




JUDGEMENT –

The court held though there is no express provision in the Rajasthan prisoners release on Parole Rules,2021 for releasing the prisoners on parole on the grounds of his wife to have progeny, yet considering the religious philosophies, cultural, sociological and humanitarian aspects, coupled with the fundamental rights guaranteed by the Constitution of India and while exercising extra ordinary power vested in it, allowed the writ petition.

 

FACTS OF THE CASE –

1.   The convict prisoner Nand Lal is serving the sentence awarded to him and has undergone imprisonment of around six years out of sentence of life imprisonment awarded to him including remission.

2.   Smt. Rekha, wife of Nand Lal filed an application averring therein that conduct of his husband had been exceedingly well in the jail premises and he was granted first parole by this court for the period of 20 days which he availed satisfactorily and surrendered back to the prison on due date.

3.   It is averred in the application that she has not begotten any issue from their wedlock and thus, for want of progeny , she craves for 15 days emergent parole under rule 11(1)(iii) of the Rajasthan Prisoners release on Parole Rules,2021.

 

 

 

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