IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR CIVIL WRIT PAROLE PETITION No.6830/2010 [AYOD SINGH VS. STATE OF RAJ.] Date of order : 23.07.2010 HON'BLE MR.JUSTICE PRAKASH TATIA HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr.Manoj Bhandari for the petitioner. Mr.K.R.Bishnoi, P.P. ***** The petitioner who was convicted for the offence under Section 302 IPC by the court of Sessions Judge, Jaisalmer vide judgment dated 16.7.2003. He has served total sentence of 12 years, 2 months, 7 days including remission. The petitioner as per Annex.2 availed 7 days permanent parole in the year 2005 and parole for 20 days in the year 2005. He was released on interim bail on 11.3.2006 to 30.3.2006 and he was granted parole for 30 days again in the year 2006 from 18.10.2006 to 17.11.2006 was granted parole for 30 days and in the year 2007 itself he was granted 40 days parole from 8.11.2007 to 17.12.2007, thereafter, he avail benefit of parole from 7.2.2009 to 18.3.2009 for 40 days and lastly he from 13.5.2010 to 21.6.2010 i.e., for 40 days. The petitioner had to get operation for his knee which had performed at Ahemdabad. The petitioner contention is that he need medical assistance from the doctor who operated him and presently he is suffering from pain also. The Jail authorities are of the view that they have no power to release the petitioner on parole as he was released on parole from 13.5.2010 to 21.6.2010 and in such short term neither further parole can be granted nor his period of parole could be extended. We considered the facts referred above and from the facts referred above it is clear that petitioner's conduct found good by the Superintendent, Centrtal Jail, Jodhpur and it is evident from the fact that he was released on parole several time and he did not misuse the parole. Presently it is the case for release on parole on medical ground, therefore, we direct the respondents to release the petitioner on parole for 40 days again on the ground of his ailment for which he has placed on record sufficient material showing his operation. In view of the above, this petition is allowed and the respondents are directed to release the petitioner on parole for 40 days with usual terms and conditions. (KAILASH CHANDRA JOSHI ), J. (PRAKASH TATIA), J. /mamta/