CW 1306/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1306/2009 Inder Raj Versus State & Ors. Date of Order ::: 02/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Lakhan Singh Tomar, for petitioner Ms Raj Sharma, Addl. Govt. Counsel, for respondents At joint request, matter is finally disposed of at admission stage. Instant petition has been filed by petitioner seeking second parole U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 (“Rules, 1958”). As alleged, petitioner was convicted & sentenced U/Ss 148, 365/149, 326/149, 307/149, IPC and is undergoing his sentences awarded vide judgment dt.23/03/2006 passed by Addl.Sess. Judge (Fast Track), No.2, Jhunjhunu in Sess. Case No. 34/2003 – against which his appeal is pending before this Court; and presently is a prisoner in Central Jail, Jaipur. Petitioner initially applied for first parole for twenty days (from 15/11/07 to 03/12/07) and was granted vide order dt.15/11/07 (Ann.1). However, while he applied for second parole U/r 9 of Rules, 1958, his case was considered by the Committee but rejected on the premise thatsince there were cross cases pending CW 1306/09 //2// against the parties; as his case was not recommended for grant of 2nd parole. However, no reply has been filed by respondents but Government Counsel reiterated the objections which were taken note of by the Committee – reference whereof has been made in order impugned dt.27/01/09 (Ann.2) while rejecting his case for grant of 2nd parole. U/r 9 of Rules, 1958, clearly contemplates that if prisoner who has completed with remission, if any, one fourth of his sentence and subject to good conduct in jail, be released on first parole for twenty days; and upon his behaviour being good during 1st parole, he can be considered for 2nd parole. In instant case, there is nothing on record which may adversely show his antecedents and behaviour during 1st parole which he applied for and granted for the period (supra); certainly his case is covered for consideration for release on 2nd parole U/r 9 of Rules, 1958. In the opinion of this Court, if behavour of petitioner was good during 1st parole and if he is otherwise eligible, 2nd parole is not be to denied in terms of R.9 of Rules, 1958 and the facts which respondents have taken note of for refusal of 2nd parole, in the facts & circumstances of instant case are not legally sustainable. Consequently, writ petition stands CW 1306/09 //3// allowed. Superintendent, Central Jail, Jaipur, is directed to release petitioner (Inderraj) on 2nd parole for thirty days from the date of his release on furnishing his personal bond besides one surety of Rs.30,000/- 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 thirty days (supra) and shall maintain peace & tranquility during 2nd parole period, which will include journey period also. In case he fails to surrender on stipulated date, the jail authority shall proceed in accordance with law. (Ajay Rastogi), J. K.Khatri/p3/1306CW09Mar2-Prol.doc