DB CW(Parole) No. 5074/2010 Ram Prasad Vs. State & Others. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5074/2010 Ram Prasad Versus The State of Rajasthan & Others. Date of Order: 26.08.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE DR. JUSTICE MRS. MEENA V. GOMBER Mr. Satyapal Poshwal, for the petitioner. Mr. J.R. Bijarnia, Additional Government Advocate, for the respondents. Heard learned counsel for the parties. 2. The convict-petitioner, Ram Prasad S/o. Hazari Lal Meena has preferred this writ petition for grant of permanent parole to him. State Government vide its order dated 31.03.2010 (Annexure-1) rejected the application of the petitioner for grant of permanent parole. Said order is under challenge in this writ petition. 3. Learned counsel for the petitioner contended that 27 applications of different convict-persons were considered for permanent parole vide impugned order dated 31.03.2010 including one convict-petitioner namely Gyan DB CW(Parole) No. 5074/2010 Ram Prasad Vs. State & Others. 2 Singh S/o. Malake, whose application was also rejected by the same order, i.e. order dated 31.03.2010. Gyan Singh S/o. Malake preferred D. B. Civil Writ Petition(Parole) No. 5073/2010, which was allowed by Co-ordinate Bench of this Court vide order dated 19.05.2010. 4. Learned counsel for the petitioner contended that identical reports of concerned District Magistrate and Superintendent of Police were given in the case of present petitioner like Gyan Singh S/o. Malake, therefore, present case is fully covered by the aforesaid order and the present case may also be remanded back for fresh consideration of the application of the petitioner to the Committee, as done in the case of Gyan Singh S/o. Malake. 5. Learned Additional Government Advocate, Mr. J.R. Bijarnia, after reading the judgment of this Court delivered in the case of Gyan Singh S/o. Malake, fairly and frankly conceded that the present case is fully covered by order of Co-ordinate Bench of this Court passed in the case of Gyan Singh and same order can be passed in the present writ petition also. 6. This Court in Gyan Singh's case after DB CW(Parole) No. 5074/2010 Ram Prasad Vs. State & Others. 3 considering the identical reports of concerned District Magistrate as well as Superintendent of Police and principles laid down by this Court in the case of Pappu Khan Vs. State of Rajasthan & Others, reported in W.L.C. (Raj.) 2006 (1) Page 31 allowed the writ petition of the petitioner-Gyan Singh S/o. Malake and directed the Committee to consider the case of the petitioner afresh for release on permanent parole. Operative portion of order dated 19.05.2010 reads as under: “In the light of the above discussions, we accept this petition and direct that the case of the petitioner be placed before the committee for consideration of release on permanent parole afresh. It is expected that the matter shall be placed before the Committee in the next meeting positively. In case, no meeting is held within three months from today, the case be put up before the Committee by convening a special meeting so that the matter is heard and decided within a fortnight thereafter. Subject to the above, petition stands disposed of.” 7. As agreed by learned counsel for the parties that the present case is fully covered by above decision delivered in Gyan Singh's case, we also allow this writ petition and issue same directions which have been issued in Gyan Singh's case. DB CW(Parole) No. 5074/2010 Ram Prasad Vs. State & Others. 4 8. Consequently, writ petition is allowed. Impugned order dated 31.03.2010 (Annexure-1) passed by the State Government qua the petitioner Ram Prasad S/o. Hazari Lal Meena is set aside. It is directed that the case of the petitioner be placed before the Committee for consideration of release on permanent parole afresh. It is expected that the matter shall be placed before the Committee in the next meeting positively. In case, no meeting is held within three months from today, the case be put up before the Committee by convening a special meeting so that the matter is heard and decided within a fortnight thereafter. 9. A copy of this order be sent for information to the convict-petitioner and for compliance to Director General and Inspector General, Jail, Rajasthan, Jaipur. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. Manoj Item No.S.1.