D.B. CRIMINAL PAROLE WRIT PETITION NO.4464/2010 Date of Order :: 25.5.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SAJJAN SINGH KOTHARI Mr. Kaluram Bhati, for the petitioner. Mr. A.R. Nikub, Public Prosecutor Heard learned counsel for the petitioner and the learned Public Prosecutor. The petitioner's first parole application was rejected vide order dated 18.9.2008 of District Parole Committee-cum-District Magistrate, Bikaner, which was challenged by the petitioner by preferring this parole writ petition. According to the learned counsel for the petitioner, when the petitioner filed this petition, then he was asked to submit a fresh application, upon which, the petitioner submitted a fresh application for his release on parole. The respondent-State in reply has stated that the petitioner's application is pending for consideration. In the order dated 18.9.2008 virtually there is no reasoning given for rejecting the petitioner's first parole. Be that as it may, since the parole cannot be from the back date and it can only be prospective and as the petitioner himself has submitted an application afresh, therefore, we direct the respondent Authorities to decide the parole application of the petitioner un-influenced by the rejection of the first parole and that should not be a ground for rejecting the parole at this stage. We make it clear that the petitioner's parole prayer may not be decided on flimsy grounds, as this Court has come across several orders wherein some pleas which are not sustainable in the eye of law have been made a ground for rejection of parole application. In the facts and circumstances of the case, the parole petition may be decided within a period of one month. A copy of this order may be supplied to the concerned authority. The Authorities may take note of the fact that the petitioner has already availed emergency parole, as his Temporary Bail Application No.447/2009 submitted in D.B. Criminal Appeal No.221/2006 was allowed by order dated 28.5.2009. (SAJJAN SINGH KOTHARI), J. (PRAKASH TATIA), J. Sanjay/