D.B. CIVIIL WRIT PAROLE PETITION No. 3357/2008 Date : 18.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. JPS Choudhary, P.P. - - - - - Petitioner Mohd. Kalim has served sentence for 7 years 1 months and 9 days as on 2.7.08. He could not get the benefit of even release on first parole in seven years as per documents placed on record by the State. The Superintendent of Police, Chittorgarh vide letter dated 30.11.06 informed that it will not be in the interest of accused also to release him on parole. However, the District Magistrate, Chittorgarh recommended for petitioner's release on parole on the basis of recommendation received by him from Social Welfare Department as well as Superintendent of Police, Chittorgarh. Two years time has passed to above reports and the Narcotics Department, Govt. Of India vide letter dated 29.11.06 informed that they have no knowledge about the query raised by the Parole committee. Inspector General (Prison) observed that petitioner's father and brother are accused in the case of double murder and accused may take revenge for his father and brother. The accused has not been released on parole for seven years. Looking the reports, we cannot allow detention of petitioner only because of the offence committed by his father and brother and in view of peculiar fact that petitioner was behind bars since seven years. Accordingly, the parole writ petition is allowed. It is directed that the petitioner Mohd. Kalim shall be released on parole for a period of 20 days on just and appropriate conditions determined by the Superintendent Central Jail, Jodhpur to his own satisfaction. The Superintendent, Central Jail, Jodhpur will also give a date for surrender. A copy of the order may be sent to the convict through jail authorities. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. bjsh