1 D.B. Criminal (Parole) Writ Petition No.6098/2010 Devi Lal. vs. State of Rajasthan. Date : 4.10.2010 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. KAILASH CHANDRA JOSHI, J. Mr.KR Bhati, for the petitioner. Mr.KR Bishnoi, PP. - - - - - Heard learned counsel for the petitioner and learned public prosecutor. The petitioner Devi Lal is seeking his first parole for 20 days under the provisions of Rules of 1958. The petitioner has served the sentence for 5 years 5 months 14 days including jail remission of 1 month 10 days. The petitioner was convicted vide judgment dated 10.7.2003 and has been sentenced to undergo life imprisonment. The petitioner was on bail while his criminal appeal being DB Criminal Appeal No.852/2003 before this Court since the year 2003 and remained on bail till he was arrested after dismissal of his appeal vide judgment dated 30.1.2009. Therefore, the petitioner remained in the society for about 6 years. The petitioner's parole application has been 2 rejected on the ground that in case, the petitioner will be released on parole, the rival party may create problems. The Social Welfare Department has also given report but it appears that the report has been given in a very cursory manner and ignoring the fact that the petitioner was leaving outside the jail for such a long period. In view of the above, the reasons for rejection of the petitioner's first parole in parole committee's meeting dated 17.1.2009 cannot be sustained. Consequently, this parole writ petition is allowed. The respondents are directed to release the petitioner on first parole for twenty (20) days on terms and conditions, which may be imposed by the authorities concerned. (KAILASH CHANDRA JOSHI), J. (PRAKASH TATIA), J. S.Phophaliya