1 D.B. Criminal (Parole) Writ Petition No.7176/2010 Hari Singh. vs. State of Rajasthan. Date : 22.9.2010 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. KAILASH CHANDRA JOSHI, J. None present for the petitioner. Mr.KR Bishnoi, PP. - - - - - Heard learned public prosecutor. The petitioner Hari Singh lodged in Central Jail, Jodhpur has submitted this parole writ petition. The facts of the case reveal that the petitioner was convicted for offence under Sections 302 and 498A IPC and is facing life imprisonment and other sentences. He has served the sentence for 12 years 6 months 1 day including jail remission of 1 year 10 months 27 days. The petitioner was released on first parole for 20 days from 28.10.2004 to 16.11.2004, on second parole for 20 days from 25.3.2006 to 13.4.2006, on third parole for 40 days from 24.1.2008 to 3.3.2008 and on fourth parole for 40 days from 14.7.2009 to 22.8.2009. However, the petitioner when released on parole from 14.7.2009 and he was supposed to surrender on 22.8.2009, he absconded and he was arrested on 24.8.2009. 2 The petitioner is seeking 40 days parole but in view of Sub-Rule (ii) of Rule 18 of the Rules of 1958, the petitioner can be granted parole only for 7 days in view of his default in surrendering on 22.8.2009. The petitioner who otherwise was released on parole on 4 occasions, now cannot be denied the parole in the facts of the case. Consequently, this parole writ petition is allowed. The respondents are directed to release the petitioner on parole for seven (7) days on terms and conditions, which may be imposed by the authorities concerned. (KAILASH CHANDRA JOSHI), J. (PRAKASH TATIA), J. S.Phophaliya