1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B. Civil Writ Petition (Parole) No.12732/2008 (Akram Versus State of Rajasthan & Others) Date of Order :: 6th January, 2009 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE GUMAN SINGH Mr. Anurag Sharma for the petitioner Mr. Jainendra Jain, Public Prosecutor for the respondents Admit. 2. At the request of learned counsel for both the parties, the writ petition was heard finally and is being disposed of. 3. The petitioner has preferred this writ petition for grant of first parole of 20 days. It has been mentioned that he was convicted under Section 302 IPC to life imprisonment and has served out more than 1/4th sentence of his imprisonment. His conduct in Jail was also good. It has also been mentioned that he was released on interim bail by this Court twice and did not misuse the liberty granted to him. 4. A notice to show-cause was given to opposite party and in response thereto a reply to the writ petition has been filed, wherein the aforesaid facts have not been disputed and it has been admitted that petitioner has 2 already served out sentence of imprisonment of 6 years, 4 months and 20 days as on 15th November, 2008 including remission period. 5. It is relevant to mention that District Parole Advisory Committee has also not rejected the application of the petitioner for parole on the ground of his bad conduct in jail, therefore, it is presumed that his conduct in jail was good. His application was rejected only on the basis of adverse report given by Superintendent of Police. 6. We have considered the submissions of learned counsel for both the parties in the light of reasons assigned by the District Parole Advisory Committee for rejecting the application of the petitioner for grant of parole. It appears that his application has been rejected only on the basis of adverse report given by police. During the course of arguments, the learned counsel for the State is unable to support the adverse report given by police on the basis of any material/evidence. As per Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958, there are only two requirements, which make the convict- petitioner eligible for grant of parole. First is that he must have completed 1/4th of his 3 sentence awarded by the trial court and his conduct in jail should be good. In the present case, both the requirements are fulfilled. In these circumstances, we find this case to be fit one to grant first parole of 20 days to convict-petitioner. 7. Consequently the writ petition is allowed. The impugned order of District Parole Advisory Committee dated 15th September, 2008 so far as it relates to convict-petitioner is concerned, the same is set-aside. It is directed that convict-petitioner will be released on first parole of 20 days on his furnishing personal bond and surety in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) to the satisfaction of the Superintendent of concerned Jail. (GUMAN SINGH), J. (NARENDRA KUMAR JAIN),J. DK