1 D. B. CRIMINAL PAROLE WRIT PETITION NO.3329/2008. (DHANNA LAL V. STATE OF RAJASTHAN) DATE OF ORDER ::: 20-05-2008 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE CHAND MAL TOTLA Mr.L.S.Jodha, for Petitioner. Mr. V.R.Mehta, PP, for the State. The petitioner submitted this parole petition, stating therein that he was convicted for the offence under Section 376, IPC, and sentenced to undergo ten years' imprisonment. By this time, he has already undergone sentence of 9 years and 14 days. It is also submitted that on earlier occasion, the petitioner moved Parole Petition No.6069/2006 (Dhanna Lal v. State & Others), wherein this Court allowed the petition and directed the Authorities to release the petitioner on parole of 20 days on just and appropriate conditions determined by the Superintendent, Central Jail, Jodhpur, for his own satisfaction. According to the petitioner, since the condition of furnishing bond of Rs.20,000/- and two sureties of Rs.20,000/- was excessive, therefore, petitioner could not submit the bond and the sureties and, therefore, petitioner could not avail the benefit of his release on parole. It is submitted that the petitioner's father is serious 2 and, therefore, he may be released on parole. It is relevant to mention here that the petitioner was convicted by the Court at Kota which is about more than 500 kms. away from here where the petitioner is behind the bars , i.e., in the Central Jail, Jodhpur. Looking to the totality of the facts and circumstances of the case that the petitioner has already undergone sentence of more than nine years and could not furnish the bond and sureties in spite of the order of this Court dated 20th October, 2006, we deem it proper to order that the petitioner Dhanna Lal s/o. Shri Bajrang Lal may now be released on parole of 20 days on his complying with the conditions imposed by the Jail Superintendent, Central Jail, Jodhpur vide order dated 6th November, 2006. In case the petitioner fails to furnish the bail bonds as ordered by the Jail Superintendent in the order dated 6th November, 2006 again, then, looking to the age of the petitioner's father, we deem it proper to direct the Authorities to consider the case of the petitioner for his transfer to Kota Jail and, in case, there is nothing adverse to the petitioner and the Authorities found it a fit case for transfer of petitioner to Kota, then the petitioner may be transferred to the Kota Jail and from where, he may be allowed to visit his father once in a week in police custody for one month. 3 We may further observe that in case of any untoward incident happens about the petitioner's father, then the Jail Authorities may consider the case of the petitioner for his release on parole on emergency basis, so that the petitioner may not have to approach this Court again. With the above directions, the present writ petition is allowed in terms mentioned above. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. scd