Jodhpur: Rajasthan High Court Jodhpur Bench has approved the parole of a prisoner for fifteen days. The prisoner's wife had filed the petition on the grounds of want of progeny. The court said that a woman cannot be deprived of pregnancy. A division bench of Senior Justice Sandeep Mehta and Justice Farzand Ali has ordered the release of 34-year-old Nandlal, who is serving a sentence in Ajmer Jail, on parole.
The court released the prisoner on parole provided he furnished a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each to the Superintendent of Central Jail, Ajmer. The court said that the wife of the prisoner is innocent and her needs associated with marital lives should not be affected thus the prisoner is allowed a 'cohabitation period with his spouse'.
The bench said, "The innocent spouse of the convict desires to become a mother. She should not be deprived to live in a condition wherein she has to suffer living without her husband and having any children from her husband."
The court said that for completion of womanhood a woman requires to give birth to a child as her womanhood gets magnified on becoming a mother. The bench said that the denial of the petition would adversely affect the rights of the wife. The court has accepted the prisoner's parole for fifteen days. The High Court said that although there is no provision of parole for the birth of a child, conception is the first and foremost among the 16 sacraments.
Earlier, the wife stated in the petition that the conduct of her husband was 'exceedingly well in the jail premises.'
The parole was previously submitted as a casual parole petition to the District Collector-cum- Chairman of the District Parole Committee, Ajmer. Consequently, the District Parole Committee had not considered her application following which the High Court has ruled in favor of the woman.
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