D.B. CIVIIL WRIT PAROLE PETITION No. 2907/2008 Loom nath Vs. State Date : 22.5.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. V.R. Mehta, P.P. - - - - - Heard learned Public Prosecutor on parole petition filed by convict Loom Nath from Central Jail, Jodhpur. Petitioner sought parole after serving out sentence of 6 years, 6 months and 3 days (including the period of remission). Petitioner was released on temporary bail as under :- 1. From 19.4.04 to 17.05.2004 20 days 2. From 15.3.04 to 9.04.2004 24 days 3. From 12.9.05 to 10.10.2005 28 days 4. From 12.7.05 to 19.07.2005 08 days 5. From 09.10.06 to 06.11.2006 29 days 6. From 14.5.07 to 25.05.2007 12 days The petitioner's parole application was rejected only on the ground that petitioner has not established place of living and he used to move here and there and therefore, there is possibility of his absconding. The said fact is contrary to the fact on record which is also in the knowledge of the respondent. Petitioner was released on temporary bail six times and he surrendered himself. In view of the above, reason given for rejection of parole of the petitioner cannot be sustained. Accordingly, the parole writ petition is allowed. It is directed that the petitioner Loom Nath S/o Kehar Nath 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. Parole petition is allowed accordingly. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J.