1 D.B. Criminal (Parole) Writ Petition No.3737/2008 Ram Pyari. vs. State of Rajasthan. D.B. Criminal (Parole) Writ Petition No.3737/2008 Ram Pyari. vs. State of Rajasthan. Date : 1.8.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. Mr. KR Bhati, for the petitioner. Mr.VR Mehta, PP. - - - - - Heard learned counsel for the petitioner and learned Public Prosecutor and perused the reply filed by State. The petitioner's son Mahendra Singh has been convicted for offence under Section 396 I.P.C. and he has undergone sentence of 5 years 11 months 8 days as on 18.7.2008. The convict sought release on first parole which was denied by the decision taken by the parole committee in its meeting dated 22.1.2008. The convict's parole has been denied only on the ground that he has been convicted under Section 396 IPC and as per Rule 14(d) of the Rajasthan Prisoners Release on Parole Rules, he cannot be released on parole. 2 D.B. Criminal (Parole) Writ Petition No.3737/2008 Ram Pyari. vs. State of Rajasthan. After going through the impugned decision, we are of the opinion that the reason given by the parole committee cannot be accepted as Rule 14(d) is not total bar and the parole is granted for giving opportunity to the convict to re-settle in the society. The conduct of the convict during sentence period has not been objected in the present case. In the totality of the facts and circumstances, we hope that the petitioner will improve himself and try to settle in the society. Consequently, this parole petition is allowed and convict Mahendra Singh be released on parole for 20 days on his submitting personal bond of Rs.30,000/- and two sureties of Rs.15,000/- each and on other just and appropriate conditions determined by the Superintendent, Central Jail, Bikaner to his own satisfaction. The Superintendent, Central Jail, Bikaner will also give a date for surrender. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya