D.B.CIVIL WRIT (PAROLE) NO.11683/2008 (Ramdev Vs. State of Raj.) Date of Judgment :: 5th January, 2009 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE GUMAN SINGH By post. Mr. B.S.Chhaba, Public Prosecutor for the State. Heard learned Public Prosecutor for the State. The convict accused-petitioner has preferred this letter petition for grant of first parole stating therein that he has completed 1/4th of his total sentence of imprisonment i.e. 5 years' and his conduct in jail is also good, therefore, he may be granted first parole of 20 days. We have considered the contents of the letter petition, reply thereto and the submissions of learned Public Prosecutor for the State. In the reply, it has been stated that the petitioner has actually served the sentence of imprisonment of 3 years, 9 months and 11 days and with remission he has completed the sentence of 4 years, 8 months and 28 days only as on 22.11.2008 and, thus he has not completed 1/4th of his sentence of imprisonment as required in Rule 9 of the Rajasthan Prisoners Release on parole Rules, 1958. It is relevant to mention that the petitioner himself has mentioned in his petition that he was convicted by the trial court vide order dated 11.2.2005 and he remained in custody from 10.3.2004, therefore, it is correct that he has not completed sentence of five years' imprisonment and, as such, he was not eligible to move an application for grant of first parole. Consequently, the writ petition is dismissed being pre-mature. However, it will be open for the petitioner to move another application before the appropriate authority for grant of first parole and in case the same is moved, it is expected from the concerned authority to consider and decide the same in accordance with law. (GUMAN SINGH), J. (NARENDRA KUMAR JAIN),J. Sandeep/- item no.66