IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR CIVIL WRIT PAROLE PETITION No.8477/2010 [PAPPU RAM @ CHHUTIYA VS STATE OF RAJ.] Date of order : 18.10.2010 HON'BLE MR.JUSTICE PRAKASH TATIA HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI By post Mr.K.R.Bishnoi, PP ***** Heard learned Public Prosecutor. Perused the parole application of the petitioner Pappu Ram. According to the learned Public Prosecutor, the petitioner was convicted for offence punishable under Section 302/34 IPC and has been sentenced to undergo life imprisonment. He has already served sentence of 16 years 2 months and 10 days as on 25.09.2010 and after short period of 9 months only his case will be considered for release on permanent parole after serving requisite sentence. It is submitted that petitioner since yet has not availed a single parole and this Court has already held that cases of such petitioner who have not availed benefit of any parole during their entire period, their cases also can be considered for release on permanent parole according to the merit of individual's case, therefore, in the fitness of things, it will be appropriate that the petitioner's petition may be disposed of with a direction to State to consider the case of the petitioner on completion of his requisite sentence for release on permanent parole. We found substance in submissions of learned Public Prosecutor, therefore, we are disposing of this petition with a direction to respondents to consider the case of the petitioner for release on permanent parole on completion of his requisite period of sentence. However, it is made clear that case of the petitioner shall be considered on the basis of merit of his own case and shall not be rejected on the ground that he has not availed benefit of paroles during his sentence period. The copy of this order be sent to accused petitioner Pappu Ram @ Chhutiya who is lodged in Central Jail, Jodhpur. It is also made clear that petitioner will be free to move appropriate application /petition for his release, if his case for permanent parole is rejected by the State. (KAILASH CHANDRA JOSHI ),J. (PRAKASH TATIA), J. /mamta/