Rajasthan High Court grants parole to life convict for 15 days after wife expresses desire to conceive child

A convict serving life sentence for offences under the Protection of Children from Sexual Offences Act (POCSO Act) was granted 15 days' parole by the Rajasthan High Court to conceive a child with his wife [Rahul v State of Rajasthan]..While granting parole, the bench of Justice Sandeep Mehta and Justice Sameer Jain considered the fact that the convict and his wife were young and wanted to preserve their lineage by starting a family."In the case in hand, considering the peculiar fact that petition is filed by the young wife of the convict, who is issueless and is desirous of retaining/maintaining her marriage with the convict who is incarcerated for a long period of time; considering that petition is filed for having progeny for purpose of preservation of lineage...this Court is inclined to allow the present writ petition and release the convict-petitioner on emergent parole for fifteen days."The Court also relied upon the April 2022 decision in Nand Lal v State of Rajasthan in which the High Court had held that right or wish to have progeny is available to a prisoner..The present petition was filed by convict-prisoner Rahul through his wife seeking parole under Rule 11 of the Rajasthan Prisons (Release On Parole) Rules, 2021.The petitioner was convicted for the offence of rape and kidnapping under the Indian Penal Code (IPC) and Sections 3/4(2) of the POCSO Act and sentenced to life imprisonment..The counsel for the petitioner submitted that he was in jail for more than two years on remission. He further asserted that in view of humanitarian considerations and taking into account his fundamental rights under Articles 14 and 21 of the Constitution, parole must be granted to start a family with his wife. .The State counsel opposed the plea stating that the petitioner was convicted under POCSO for grievous offence and that the Rajasthan Prison (Release on Parole) Rules have no provision for emergent parole on the ground of want of progeny..The Court, however, allowed the plea in view of the division bench order in Nand Lal case which said that the spouse of a convict-prisoner could not be deprived of their rights and needs."The wife of the prisoner has been deprived of her right to have progeny whilst she has not committed any offence and is not under any punishment. Thus, denial to the convict-prisoner to perform conjugal relationship with his wife more particularly for the purpose of progeny would adversely affect the rights of his wife," the division bench had held.Thus, the Court ordered the release of the convict-prisoner on emergent parole for a period of fifteen days on furnishing of a personal bond of ₹2,00,000 along with two surety bonds of ₹1,00,000 each.