CW (Parole) 5457/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition (Parole) No.5457/2010 Madan Lal Vs. State of Raj. & Ors. Date Of Order :: 25/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Lakhan Singh Tomar, for petitioner. Mr. Mahendra Meena, Public Prosecutor. Instant petition has been filed for grant of first regular parole under R.9 of Rajasthan Prisoners Release On Parole Rules, 1958 on the ground of getting his house repaired. The petitioner was convicted for the offence under section 304-B IPC for ten years imprisonment vide judgment dt.25.11.09 in Sessions Case No.87/06, against which S.B. Criminal Appeal No.1225/09 has been filed which is pending before this Court. It has also been contended by him that he is in judicial custody since 29.8.06 and has completed about three years and seven months sentence and his conduct and behaviour in jail is satisfactory and unblemished. So far as conduct of the petitioner in jail is concerned, the same has not been disputed by the respondents, however committee constituted for the purpose has observed that he has threatened his father and looking to the nature of the allegation in which he was CW (Parole) 5457/10 (2) convicted his case was not recommended for first parole, which he is entitled to u/r.9 of the Rules, 1958. R.9 of the Rules, 1958 provides that a prisoner, who has completed with remission, if any, (one-fourth) of his sentence and subject to good conduct in jail, may be released on 1st parole for 20 days including days of journey to home and back. Taking note thereof and the report which is satisfactory while he was in custody, in the opinion of this Court, makes him entitled for first parole for a period of 20 days including days of journey to home and back as provided under r.9 of the Rules, 1958. Consequently, writ petition is allowed. Superintendent, Central Jail, Jaipur is directed to release petitioner (Madan Lal S/o Kishna Ram) on first parole, if not availed of as yet, for 20 days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety each of Rs.10,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Jaipur, on expiry of 20 days (supra) to be notified by jail authority, and shall maintain peace & tranquility during the parole period and will CW (Parole) 5457/10 (3) not leave place where repair of his house to be made as mentioned in his application for first parole, without prior permission from Superintendent of Police, concerned who will keep vigil on petitioner asking him to report whenever deemed just during parole period. In case of failure to surrender by petitioner on stipulated date and breach of aforesaid conditions during parole, the jail/police authority shall proceed in accordance with law. No order as to costs. A copy of this order be sent to the petitioner through jail authority. (Ajay Rastogi),J. VS Shekhawat/-p.3 5457cw10May25FnlParlGrnt.doc