D.B. CRIMINAL PAROLE WRIT PETITION NO.4463/2010 Sugna Devi Vs. State of Rajasthan Date of Order :: 27.5.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SAJJAN SINGH KOTHARI Mr. Kaluram Bhati, for the petitioner. Mr. K.R. Bishnoi, Public Prosecutor. Smt. Sugna Devi, mother of the accused (Shri Gurdev Singh, who is lodged at Central Jail, Bikaner) has submitted this parole petition. The accused-petitioner has been convicted for offence under Sections 396, 397 and 398 I.P.C. and he has already served out sentence of 07 years, 09 months and 28 days as on 09/5/2010 including the jail remission and State remission. The petitioner was extended the benefit of first parole of 20 days in view of order of this Court dated 7.8.2008 passed in D.B. Criminal Parole Writ Petition No.4505/2008. The respondent-State has rejected the petitioner's prayer for his release on second parole by giving reasons, which are given in all cases irrespective of facts of the case and ignoring the fact that the accused-petitioner has already already been granted parole by the order of the authority or order of High Court and he served the same without violating the conditions of parole. The reasons given are not sufficient for denial of parole. One of the legal objection which was taken into consideration is that under Rule 14(d) of the Rules of 1958 the petitioner was not eligible. In Rule 14, it is clearly mentioned that ordinarily the convicts for the offences mentioned in sub-clauses of Rule 14 may not be eligible for release on parole and it is not that they shall not be eligible for release on parole. Be that as it may, once the accused was enlarged on parole for 20 days and there is no report of any untoward incident during that period and the accused has surrendered thereafter and complied with the conditions of parole; there is no other misconduct thereafter of accused in custody, then there was no reason for denial of second parole him. In view of the above, the order of rejection of petitioner's parole is set aside. Considering all the facts and circumstances of the case, it is directed that the applicant-Gurdev Singh S/o. Mitthu Singh shall be released on second parole of 30 days on just and appropriate conditions determined by the Superintendent, Central Jail, Bikaner his own satisfaction. The Superintendent, Central Jail, Bikaner will also give a date for surrender. A copy of this order may be sent to the convict. (SAJJAN SINGH KOTHARI), J. (PRAKASH TATIA), J. Sanjay/