CW 8136/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 8136/2008 Man Singh Versus State . Date of Order ::: 01/07/09 Hon'ble Mr. Justice Ajay Rastogi By Post Mrs Alka Bhatnagar, Addl. Govt. Counsel, for respondent-State Matter since relates to prayer for 2nd parole, is finally disposed of at admission stage. Instant letter petition dt.28/06/08 has been sent by prisoner in Central Jail, Ajmer seeking 2nd parole U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 (“Rules, 1958”), which was applied for by him but not considered for want of receipt of report from Social Justice & Right Department while taking into consideration by District Parole Committee in its meeting held on 24/06/08. As alleged, petitioner was convicted U/Ss 307 & 452, IPC and sentenced to undergo Ten years' RI with a fine of Rs.5,200/- vide judgment dt.20/08/04 passed by Addl. Sess. Judge (Fast Track) Ajmer. On completion of 1/4th of his sentence petitioner claiming himself as eligible, applied for first regular parole for twenty CW 8136/08 //2// days which was granted by District Parole Committee and during release on 1st regular parole he never misused the liberty of parole and reported back to the jail on the stipulated date. Thereafter petitioner applied for U/r 9 of Rules, 1958 for his release on 2nd parole for thirty days so as to enable him to look after his family members including widow mother. As alleged, his case was placed for consideration before District Parole Committee in its meeting dt.24/06/08 but has not been considered due to non-receipt of report from Department of Social Justice. Notice was issued vide order dt. 26/08/08. Reply to letter petition has been filed by respondents. However, in the reply nothing has been pointed out about any adverse report during his incarceration; but deferred for grant of 2nd parole for want of report from Department of Social Justice; inasmuch as in para 3 thereof, it has been averred that presently he is a prisoner in Central Jail, Ajmer having completed 2/3rd of his sentence and already undergone imprisonment for 5 years & eight months as on 02/09/08, which makes him eligible for grant of regular 2nd parole under Rules, 1958. R.9 of Rules, 1958 clearly contemplates CW 8136/08 //3// that if prisoner who has completed with remission, if any, one fourth of his sentence and subject to good conduct in jail, be considered for first parole for twenty days which includes days of journey to home & back; and he can be considered for 2nd parole for thirty days provides his behaviour has been good during 1st parole. In instant case, application filed by petitioner for grant of 2nd parole U/r 9 was not considered merely for non-receipt of report from Department of Social Justice as taken note of by advisory committee in its meeting held on 02/09/08 but contrarily from the material shown by Government Counsel during arguments, there is positive report of Superintendent of Police that petitioner did not misuse liberty of 1st parole during which his behaviour was good and thus he was recommended for 2nd parole. It is also not case of respondents that petitioner is facing any other criminal offence /trial. There is no material placed on record by which it can be inferred that if parole is granted, petitioner would again involve in such kind of criminal offences or report of jail authority which may adversely show his antecedents and character while in prison, certainly his case is covered for consideration CW 8136/08 //4// for release on 2nd parole U/r 9 of Rules, 1958. In the opinion of this Court, if conduct & behavour of petitioner being satisfactory in the jail while having undergone 2/3 of his sentence and his behaviour being good during his release on 1st parole, which he is otherwise eligible; as such 2nd parole in terms of R.9 of Rules, 1958 is not to be denied and the facts which respondents have taken note of for non- consideration of 2nd parole in the circumstances of instant case are not legally sustainable. Consequently, writ petition stands allowed and recommendation of Committee in its meeting held on 02/09/08 qua petitioner is hereby quashed. Superintendent, Central Jail, Ajmer is directed to release petitioner (Man Singh) on 2nd parole for thirty days, if not availed of as yet, including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.30,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Ajmer, on expiry of thirty days (supra) to be notified by jail authority, and shall maintain peace & tranquility during 2nd CW 8136/08 //5// parole period. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. A copy of this order be sent to the petitioner through concerned jail authority. No costs. (Ajay Rastogi), J. K.Khatri/p5/8136CW08Jul01Prol2nd.doc