Rajasthan High Court Releases Life Convict In Jail For 22 Yrs For Father's Murder After Amicus's Report Disproves Mental Instability Claim

The Rajasthan High Court directed the premature release of man, imprisoned for life for murdering his father, based on the Amicus Curiae's report that refuted the Advisory Committee's grounds for rejection that the man was a mentally unstable person whose family was not willing to accept him.The division bench of Justice Vinit Kumar Mathur and Justice Anand Sharma had received a letter petition from the Central Jail, Udaipur, in which the Court had appointed an Amicus Curiae to represent the petitioner. The petitioner was convicted of murdering his father, and was sentenced to life imprisonment. After spending 22 years in jail, he moved an application for premature release."The reason for rejection of the application for premature release of the convict-petitioner by the Advisory Committee is not very convincing, specially in view of the report of the learned Amicus Curiae wherein it has come on record that mental condition of the convict-petitioner is stable and the brother of the petitioner Mohan has agreed to take him at his house and further, he is willing to take necessary care of his brother. Therefore, there is no threat to the family as such if the convict-petitioner is released on a premature basis," the bench said. This application was rejected by the Advisory Committee on the ground that the petitioner was a mentally unstable person who was a threat to his family, and his family had expressed no willingness to accept him in the family. Based on the Court's directions, the Amicus Curiae had visited the Central Jail to meet the convict, and as per the report submitted, the mental condition of the petitioner was stable. Further, it was opined that petitioner's brother had agreed to take him at his house, and provide necessary care. In this background, the Court observed, “bare perusal of the Rules 8, 11 and 12 of Rules of 2006 clearly goes to show that a prisoner, who has completed actual sentence of 14 years in the case of conviction who is sentenced for life imprisonment and his jail remission is of two years and six months, is entitled for consideration for premature release”.The Court held that the reason for rejecting the petitioner's application was not very convincing especially in light of the Amicus Curiae's report. Hence, there was no threat to his family if the petitioner was released. Accordingly, petitioner was directed to be released on premature basis. Title: Mahendra Kumar v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 409For Petitioner(s): Mr. Pravin Choudhary, Amicus Curiae; Mr. Kalu Ram BhatiFor Respondent(s): Mr. Deepak Choudhary, GA-cum-AAGClick Here To Read/Download Order

Rajasthan High Court Releases Life Convict In Jail For 22 Yrs For Father's Murder After Amicus's Report Disproves Mental Instability Claim

Nupur Agrawal

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