IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.CRIMINAL WRIT PAROLE PETITION No.8344/2010 [FARMAN @ GABBER VS. STATE OF RAJ.] Date of order : 19.11.2010 HON'BLE MR.JUSTICE PRAKASH TATIA HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr. KR Bhati for the petitioner Mr.K.R.Bishnoi, PP ***** Petitioner Farman @ Gabber has been convicted for offence punishable under Section 302 IPC and 4/25 of the Arms Act and has been sentenced for life imprisonment with fine alongwith other sentences. Petitioner has served total sentence of 16 years, 11 months and 5 days as on 12.09.2010. He was granted regular first parole from 22.07.2002 to 10.08.2002 for a period of twenty days and 2nd parole from 04.12.2004 to 02.01.2005 and then 3rd parole from 02.02.2006 to 13.03.2006 in addition to above three paroles he was released on emergency parole twice. However, one time he absconded i.e. On 14.09.2008 and again was arrested on 19.09.2008. Petitioner since was eligible for 7 days parole only as he absconded, therefore, his case for release on 7 days parole was considered by the Parole Committee's Meeting dated 31.03.2010. We have perused the reasons given in Parole Committee's decision and in view of the total facts and circumstances that petitioner has already release thrice on regular parole for 20 days, 30 days and 40 days and he did not misuse those paroles and he was enlarged on emergency parole twice which too he did not misuse. His one lack of absconding was of the Year 2008 and two years have passed to that, therefore, in these facts and circumstances, we deem it just and proper to allow this petition and direct the respondents to release the petitioner on parole for 7 days on usual terms and conditions imposed of concerned jail authorities. (KAILASH CHANDRA JOSHI ), J. (PRAKASH TATIA), J. /mamta/