In a brief yet emotionally charged hearing at the Rajasthan High Court, Jodhpur, a Division Bench directed the premature release of Mahendra Kumar, a life convict who has spent more than two decades behind bars. His jail-written plea finally reached the right ears. The petition, filed from Central Jail Udaipur, questioned why he continued to remain imprisoned despite completing the required sentence period for consideration.
Background
Mahendra Kumar was convicted in 2008 for the murder of his father under Section 302 of the IPC and sentenced to life imprisonment by the Banswara Fast Track Court. Over the years, he served approximately 22 years, including earned remissions far beyond what the law requires for eligibility.
The State Advisory Committee, however, rejected his case earlier this year on grounds that he was “mentally unstable” and posed a threat to his family. The family, it claimed, also showed no willingness to accept him back.
Court’s Observations
The Bench Hon’ble Mr. Justice Vinit Kumar Mathur and Hon’ble Mr. Justice Anand Sharma wasn’t convinced. They specifically called for a ground assessment. Amicus Curiae Mr. Praveen Choudhary and Advocate Mr. Kalu Ram Bhati visited Mahendra in prison. Their report painted a different picture:
- He is physically stable and on regular medication supporting his mental health
- He behaves calmly, follows jail instructions, and engages well with others
- He holds a Bachelor’s degree and communicates coherently
- Most importantly, his brother Mohan assured he is ready to take Mahendra home
The convict, they noted, softly pleaded, “please send me home once”, reflecting hope rather than danger.
The bench observed,
“the mental condition of the convict-petitioner is stable and the brother… has agreed to take necessary care”.
On the legal side, the judges referred to Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006, which clearly allows premature release after 14 years of actual imprisonment and sufficient remission. Mahendra had both 14 years actual + 3 years 9 months remission.
Even the State’s counsel did not dispute that he was well within the eligibility zone.
Decision
The Court firmly disagreed with the earlier rejection, calling the Advisory Committee’s reasoning “not very convincing,” especially given the verified stability and family support. The order dated 08.04.2025 was therefore quashed.
Mahendra Kumar is to be released on a premature basis.
And with that clear direction, the proceedings concluded finally opening the gates of freedom for a man who had been waiting patiently for years.
Case Title:- Mahendra Kumar v. State of Rajasthan
Case Type & No.: D.B. Criminal Writ Petition No. 2288/2025
Date of Order: 05/12/2025
Advocates Appearing
- For Petitioner:
• Mr. Pravin Choudhary (Amicus Curiae)
• Mr. Kalu Ram Bhati - For Respondents:
• Mr. Deepak Choudhary, Government Advocate–cum–AAG
