1 D.B. Criminal (Parole) Writ Petition No.5217/2008 Jahid. vs. State of Rajasthan & Ors. D.B. Criminal (Parole) Writ Petition No.5217/2008 Jahid. vs. State of Rajasthan & Ors. Date : 26.8.2008 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 is seeking his first parole. As per reply, the petitioner has served sentence of 12 years 8 months 18 days as on 31.7.2008. His parole prayer has not been decided because of the reason that the report was called from Superintendent of Police, Bijnor (UP) and District Magistrate, Bijnor (UP) and those reports have not been received. Letters were issued to the said office on 21.9.2007, 2.11.2007, 22.2.2008 and lastly on 4.8.2008. Since no objection has been received from the said 2 D.B. Criminal (Parole) Writ Petition No.5217/2008 Jahid. vs. State of Rajasthan & Ors. authorities of the State of Uttar Pradesh and the petitioner is behind bars since last more than 12 years, therefore, there is no reason to wait for the report from the State of Uttar Pradesh in this matter. The Director Prisons is directed to take decision according to the report of Social Welfare Department, Jail Authorities and District Administration of State of Rajasthan keeping in mind that the petitioner has been lodged at jail in Rajasthan since last more than twelve years. The conduct of the petitioner is to be seen and looked into for the period when the petitioner is in jail. The conviction of the petitioner under Section 396 IPC is not a bar against his release on parole. The Director Prisons is directed to decide the case of the petitioner within a period of one month from the date of receipt of copy of this order. With the aforesaid directions, this parole petition is disposed of. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya