SBCWP NO.428/2008. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION (PAROLE) NO.428/2008. Shiv Bhagwan Vs. State of Rajasthan & Ors. Date of order : 22/02/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anshuman Saxena for the petitioner. Shri Ankur Rastogi, Additional Government Counsel. ****** This is a writ petition seeking direction to release the petitioner on first regular parole of twenty days. The submission of the learned counsel for the petitioner is that the petitioner was convicted and sentenced for offences under Sections 304B, 498A and 201 IPC and is serving sentence in Central Jail Jaipur. It is contended that out of total period of sentence of 10 years, petitioner already served sentence of three years and two months. He has thus completed more than 1/4th of his sentence and is, therefore, entitled to be released on first parole as per Rule 9 of the Rajasthan Prisoners (Release On Parole) Rules, 1958. While applying for parole, petitioner mentioned an additional fact about illness of his mother but the District Parole Advisory Committee has rejected his claim for his release on first parole only because petitioner could not produce the documents with regard to illness of his mother. It is submitted SBCWP NO.428/2008. 2 that petitioner confined in jail and therefore even if he could not arrange and produce the documents relating to the sickness of his mother, that itself would not be a ground for not considering his case for releasing him on first parole. In support of his aforesaid argument, learned counsel for the petitioner referred to the judgment of the Division Bench of this Court in Budhi Vs. State of Rajasthan 2006 Cr.L.J. 357 wherein the Division Bench held that slight infraction of conduct also cannot be a ground for refusing regular parole. Learned Additional Government Counsel while opposing the writ petition has argued that though the petitioner applied for his release on first parole on the ground of illness of his mother but he failed to produce any medical certificate in regard thereto and the Superintendent of Police has also not recommended his case for releasing him on first parole for the same reason. Having heard learned counsel for the parties and perused the material forming part of the record, I find that merely because petitioner could not produce the medical certificate regarding illness of his mother, his case for releasing him on first parole under Rule 9 of the Rules of 1958 ought not be rejected by the District Parole Advisory Committee. It is not in dispute that petitioner has already undergone 1/4th SBCWP NO.428/2008. 3 sentence out of the total period of sentence of 10 years and nothing adverse is reported about the conduct of the petitioner during his confinement in jail. In the result, the writ petition is allowed. The Superintendent Central Jail, Jaipur is directed to release petitioner Shiv Bhagwan S/o Shri Megha Ram, R/o Pura Badi, Police Station Sadar Sikar, District Sikar (Rajasthan) on first parole for a period of twenty days from the date of his release provided, he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to the satisfaction of the Superintendent Central Jail, Jaipur himself with the further direction that he would surrender before the jail authorities immediately after expiry of 20 days from the date of his release. (MOHAMMAD RAFIQ), J. anil/