SBCWP NO.10657/07. 1 S.B. CIVIL WRIT PETITION (PAROLE) NO.10657/2007. Daulat Meena Vs. State and ors. Date of order :- 30/1/2008. HON'BLE MR.JUSTICE M.N. BHANDARI Miss Milan Sharma for the petitioner. Shri Ankur Rastogi, Government Counsel for State. **** By way of this petition, petitioner is seeking benefit of first parole as out of total period of sentence of 7 years imprisonment, he has already undergone 4 years, 6 months & 22 days as on 15/1/2008 and hence, he is entitled under Rule 9 of the Rules of 1958 to be released on first parole for 20 days as petitioner has served 1/4th sentence out of the total period of sentence of 7 years. Learned Government Counsel has vehemently opposed the release of the petitioner on first parole firstly on the ground of rejection of the application submitted by the petitioner for parole firstly by the District Advisory Parole Committee dated 24/9/2007, secondly by the District Collector vide order dated 1/10/2007 and thirdly that report of the concerned Superintendent Central Jail Kota has not been received. Except above, learned Government Counsel could not point out anything from reply of the State adverse against the petitioner on the basis of which first parole to the petitioner should be declined. Admittedly, petitioner has served 4 years, 6 months & 22 days imprisonment as on 15/1/2008 out of total period of sentence of 7 years imprisonment and SBCWP NO.10657/07. 2 thus he has become eligible for consideration of first parole as per Rules of 1958. Considering all the aspects, I am of the opinion that denial of the benefit of first parole on the insufficient ground is not justified. In the result, this petition is allowed. Accordingly, Superintendent Central Jail, Kota is directed to release petitioner Daulat Meena S/o Bhairulal Meena on parole for a period of 20 days from the date of receipt of certified copy of this order as his first regular parole under Rule 9 of the Rules of 1958 provided, petitioner furnishes a personal bond in the sum of Rs.20,000/- with two sureties in the sum of Rs.10,000/- each to the satisfaction of the Superintendent Central Jail, Kota himself. Petitioner is directed to appear before the concerned S.H.O. Police Station as would be directed by the Superintendent Central Jail, Kota himself after every seven days during this period of 20 days parole. In case, petitioner fails to do so, his parole shall automatically cancelled and he shall be arrested and brought book to the jail. The petitioner is further directed to keep peace and maintain good behaviour during the period of parole and report back to the Superintendent Central Jail, Kota immediately on the expiry of 20th day from the date of his release. (M.N. BHANDARI), J. anil