1 D.B. Criminal (Parole) Writ Petition No.5594/2008 Bhanwar Singh. vs. State of Rajasthan. D.B. Criminal (Parole) Writ Petition No.5594/2008 Bhanwar Singh. vs. State of Rajasthan. Date : 18.8.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. By Post. Mr.VR Mehta, PP. - - - - - Heard learned Public Prosecutor and perused the reply filed by State. The petitioner who is of the age of 76 years and who has served the sentence of 13 years 7 months 20 days including remission period – 7 months 28 days jail remission earned and 1 year 4 months State remission earned, thereby the petitioner has served the actual sentence of 11 years 7 months 22 days as on 8.2.2008, has filed this petition for his premature release on the ground of his physical condition for which the State has described in para no.5 of the reply which is as under :- “5. That as per record of the convict-petitioner he is suffering from Heart disease and his age is 2 D.B. Criminal (Parole) Writ Petition No.5594/2008 Bhanwar Singh. vs. State of Rajasthan. 76 years and the Jail Doctor has also declared the convict-prisoner as infirm and he is unable to do the daily routine work in the Jail and depends upon other prisoners.” The petitioner submitted that as per the Notification No.P.7(3)Grah-12/Kara/04, Jaipur dated 24.1.2004 and Notification No.P.7(2)Grah-12/Kara/05, Jaipur dated 22.1.2005, the State enlarged the convicts who have completed 7 years imprisonment. Since the petitioner is convict for offence under Section 302 IPC and he may not have been released because of that fact and as he has not completed 14 years of sentence, the State Government is directed to look into the matter after taking into account the physical condition of the petitioner and take a decision whether the petitioner can be given any relief or not. If the petitioner can be given any relief, then the decision be taken as early as possible preferably within a period of one month from the date of receipt of the copy of this order. Copy of this order be sent to the Director (Prisons) who may initiate the process forthwith, looking to the ailment and physical condition of the 3 D.B. Criminal (Parole) Writ Petition No.5594/2008 Bhanwar Singh. vs. State of Rajasthan. petitioner. With the aforesaid observations and directions, this parole petition is partly allowed. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya